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BO.^H    SESSIONS 


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OF     THEJ 


8  T  A  T  E    OF     A  R  If  A  N  S  A  S  , 

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WHICH  WERE  bk<;(;n  A>fr>  riELD  IN  TifE  CAPtTot,,  IN  THE  crrv 

LITTLE    RO^K. 


PUBLISHED  BY  AWTHORITYiJ 


LITTLE  ROCK : 

iOUKSOif    &    YERKES,    STATE    PRfNTEEe,. 

1861. 


4 

•      •• 


Tr.T^ 


.A  M    A.  C  T 


TO  rr.OVIDE  FOR  A 


STATJH]    (X^jSrvJilNTIOISr. 


S^JCTU)N  1.  Bi':  it  enacted  bj/  the  G&ncrnl  AsscrnblTj  of  the  State 
(■■'  Arkaw^as,  That  the  govfrnor  ?hall  issue  hn  proclamation, 
ordering  an  election  in  all  the  countiea  in  this  state,  submitting 
to  the  people  the  question  of  "convention"  or  "no  convention,'' 
to  be  held  on  the  eighteenth  day  of  February,  1861,  which 
election  shall  be  conducted  as  state  elections  are  now  conducted; 
Provided,  That  the  sheriffs  of  the  several  counties  siiall  h<^- 
required  to  give  but  ten  days'  notice  of  said  election. 

Sec.  2.  Be  it  further  enacted,  That,  at  said  election,  the  peo- 
ple shall  also  vote  lor  a  delegate  or  delegates  to  said  conven- 
tion, and  each  delegate  elected  shall  be  made  a  special  return- 
ing oflicer,  and  shall  bring  u[i  the  certified  vote  of  his  county 
on  the  question  of  convention  or  no  convention,  which  vote 
from  all  the  counties,  shall  be  opened  by  the  governor,  auditor, 
treasurer  and  secretary  of  state,  or  any  three  of  them,  on  the 
second  day  of  March,  1801;  and  if,  on  counting  the  vote  of  all 
the  counties  of  this  state,  it  shall  appear  that  a  majority  of  all 
the  votes  cast  are  for  a  convention,  then  the  governor  shall 
immediately  issue  his  proclamation,  re(juiring  the  delegates 
elected  as  aforesaid  to  convene  in  the  capitol  on  the  toilovving 
Monday,  and  organize  themselves  into  a  state  convention,  by 
the  election  of  a  president,  and  such  other  oflicera  as  may  be 
requited,  and,  in  case  of  sickness,  or  any  other  unavoidable 
cause,  to  prevent  any  delegate  to  the  convention  from  getting 
to  the  capital,  he  shall  have  power  to  Bend  up  the  returns  of 
his  county  by  a  special  messenger,  selected  by  himself. 

Sec.  3.  Be  it  further  enacted,  That  the  delegates,  or  special 
returning  oilicers,  shall  be  paid  mileage  at  the  same  rate  that 
members  of  the  General  Assembly  are  paid,  to  be  certified  by 


CONVENTION    ACT. 


the  president  of  the  convention,  if  one  be  organized,  and  if  not, 
the  auditor  is  required  to  issue  his  warrant  for  the  same,  taking- 
the  mileage  accounts  of  the  members  of  the  General  Assembly 
88  a  guide  to  regulate  the  amount  to  which  the  delegate,  or 
delegates,  coming  from  the  same  county,  may  be  entitled. 

Stc.  4.  Be  it  further  enacted,  That  the  officers  and  members 
of  said  convention,  if  it  shall  he  organized,  shall  be  paid  the 
same  per  diem  pay  that  the  officers  and  members  of  this  Gene- 
ral Assembly  are  paid;  their  accounts  therefor  to  be  certified 
by  the  president  of  the  convention,  and  the  secretary  shall  cer- 
tify the  account  of  the  president. 

Sec.  5.  Jie  it  further  enacted.  That  each  county  in  this  state 
shall  be  entitled  to  elect  as  many  delegates  to  said  convention 
a.s  it  is  now  entitled  to  members  in  the  lower  branch  of  the 
General  Assembly,  and  the  qualifications  for  a  delegate  shall 
be  the  same  as  now  required  for  a  member  of  the  House  of 
Representatives. 

Shc.  6.  7>V  it  further  enacted,  That  fifty  members  of  said 
convention  shall  be  necessary  to  constitute  a  quorum  to  trans- 
act business. 

Sk<;.  7.  Be  it  further  enacted,  That  if  any  seat  in  the  con- 
vention, hereby  provided  for,  be  contested,  the  convention  shall 
have  power  to  determine  such  contest,  as  the  General  Assembly 
has  to  determine  contests  for  seats  in  either  house,  in  the  man- 
ner now  prescribed  by  law. 

Sec.  8.  Be  it  further  en(ict(d,  That  upon  the  organization  of 
snid  convention,  it  shall  take  into  consideration  the  condition 
of  j)olitical  aif'airs,  and  determine  what  course  the  State  of 
Arkansas  shall  take  in  the  present  political  crisis. 

Sec.  9.  Be  it  further  enacted,  That  a  sufficient  amount  of 
money  be,  and  the  same  is,  hereby  appropriated  out  of  the  state 
treasury  to  pay  the  necessary  expenses  of  said  convention, 
.'ihould  one  be  held. 

Sec.  10.  Be  it  further  enacted,  That  this  act  shall  take  effect 
and  be  in  force  fro.n  its  passage. 
Approved,  January  15th,  1801. 


PROCLAMATION 


B  Y 


THE     GOVER:NrOIl 


STATE  OF   ARKANSAS. 

To  the  Delegates  elected  to  the  State  Convention 

in  said  kS7<7^c^— Greeting: 

Whereas,  The  General  Assembly  of  the  State  of  Arkansas, 
on  the  Ifjth  day  of  January,  1861,  passed  an  act  entitled  "  An 
act  to  provide  for  a  State  Convention,"  to  be  held  in  the  capi- 
tol,  on  the  4th  of  March,  1861;  provided,  a  majority  of  all  the 
votes  cast  on  the  18th  day  of  February,  18G1,  the  day  of  elec- 
tion designated  by  said  act,  should  be  for  a  convention;  Arui 
I'-hercas,  in  pursuance  of  said  act,  and  a  proclamation  ol  th«- 
governor,  issued  to  the  sheriffs  of  the  several  counties  in  thi^^ 
iftate,  on  the  1 6th  day  of  January,  1861,  said  election  was  held 
on  the  18th  day  f)f  February,  1861;  And  whereas,  it  appears 
upon  counting  the  votes  cast,  that  a  majority  of  eleven  thou- 
tf^and,  five  hundred  and  eighty-six  are  "  tor  convention." 

Therefore,  I,  Hknrv  M.  Rector,  Goverwor,  in  virtue  of  autho- 
rity in  me  vested  by  said  act,  authorize  and  direct  said  delegates 
elected  for  the  several  counties,  to  assemble  in  convenlion  at 
the  capitol,  on  the  4th  day  of  March,  1861,  for  the  objects  and 
})urposes.  by  said  act  of  the  General  Assembly,  intended. 

lu  testimony  whereof,  I  have  hereunto  set  my  hand,  and 
[l.  s.        caused  the  seal  of  the  Stale  of  Arkansas  to  be  affixed 
at  Little  Rock,  this  2d  day  of  March,  A.  I).  1861. 

HENRY  M.  RECTOR. 
By  the  Governor, 

John   I.  Stir.m.^n,  Secretary  nf  State. 

By  O.  R.  Weaver,  Deputy  Scc'i/  of  State. 


J  0  U 11  N  A  L 


O  K 


THFi:  cx)isr^icisrTioivr 


S  '1'  A  '1'  1-:      OF     A   K  K  A  N  S   A  S  . 

IVJlICiJ    WAS    UhXJUX    AND    HKLD   IN"  THK    CAl'lTUK,   IN   THK    OITV   OF     LlTrLl". 

RCOrK,  ON  MONDAY,  THE   FOURTH    DAY   OF  MARCH,  ONK  THOUSAND, 

riGriT    HLNDRKD     AND    SIXTY-ONK. 


Monday,  Mai  ch  4,   1861. 

1  his  being  the  day  Hxed  by  the  legislature  of  the  State  ol 
Arkansas,  and  pursuant  to  the  proclamation  of  the  governor, 
ij^sued  on  the  2d  day  of  March,  18G1,  a  quorum  of  said  State 
ConYention  appearing  in  the  representative  hall,  in  the  state 
house,  Mr.  A.  W.  Hobson  called  the  convention  to  order. 

Mr.  Jesse  Turner,  of  Crawford  county,  was  called  to  the 
ckair  as  president  pro  tern. 

On  motion  of  Mr.  Stillwell,  Rev.  Geo.  Plattenburg  opened 
the  session  of  the  convention  with  piayer. 

On  motion  of  Mr.  Stillwell,  Mr.  E.  C.  JBoudinot  was  appointed 
secretary, /*/YWf//i.,  of  the  convention. 

Mr.  Canigan  oflercd  the  following 

RESOLUTION: 

Resolved,  That  the  secretary  of  state  be  requested  to  lay 
before  the  convention  an  abstract  of  the  returns  to  his  office  of 
the  election  lor  delegates  held  on  the  18th  of  February,  show- 
ing the  number  ol  votes  cast  in  each  county  for  carh  candidate 
for  delegate. 

Which  was  adopted. 

383490 


JOURNAL    OF 


f  * 

Mr.  Yell  oflTered  the  following 

RESOLUTION: 

Rcsohcd,  That  reporters  desirous  to  take  reports  for  newspa- 
pers, be  permitted  to  take  seats  within  the  bar. 

Which  was  adopted. 

On  motion  of  Mr.  Stillwell,  the  following  list  of  delegates 
f:lected  to  the  convention,  was  read  by  the  secretary,  ipro  tern., 
the  same  having  been  furnished  by  the  secretary  of  state:^ 

From  the  county  of  Arkansas,  James  L.  Totten. 

From  the  county  of  Ashley,  M.  L.   Hawkins. 

From  the  county  of  Benton,  A.  W.  Dinsmoreand  H.Jackson. 

From  the  county  of  Bradley,  Josiah  Gould. 

From  the  county  of  Carroll,  W.  W.  Watkins  and  E.  H. 
Hobbs. 

F'rom  the  county  of  Clark,  H.  Flanagin. 

From  the  county  or  Calhoun,  P,  H.  Echols. 

From  the  county  of  Columbia,  G.  P.  Smoote  and  I.  C.  Wal- 
lace. 

PVom  the  county  of  Conway,  S.  J.  Stailings. 

F'rom  the  county  of  Chicot,  Isaac  Hilliard. 

From  the  county  of  Craighead, . 

From  the  county  of  Crittenden,  Thos.  H.  Bradley. 

From  the  county  of  Crawford,  H.  F.  Thomason  and  Jesse 
Turner. 

From  the  county  of  Dallas,  Robert  T.  Fuller. 

From  the  county  of  Desha,  J.  P.  Johnson. 

From  the  county  of  Drew,  W.  F.  Siemens  and  J.  A.  Rhode?. 

From  the  county  of  Franklin,  W.  W.  Mansfield. 

From  the  county  of  Pulton,  S.  W.  Cochran. 

From  the  county  of  Greene,  J.  W.  Bush. 

From  the  county  of  Hempstead,  A.  11.  Carrigan  and  R.  K. 
Garland. 

From  the  county  of  Hot  Spring,  Joseph  Jester. 

From  the  county  of  Independence,  M.  S.  Kennard,  U.  E. 
Fort  and  F.  W.  Desha. 

From  the  county  of  Izard,  A.  Adams. 

From  the  county  of  Jackson,  J.  H.  Patterson. 


THE    CONVENTION.  9 


From  the  county  of  JefFerson,  J.  Yell  and  W.  P.  Grace. 

From  the  county  of  Johnson,  F.  1    Batson  and  W.  W.  Floyd. 

From  the  county  of  Lafayette,  W.  P.  Cryer. 

From  the  county  of  Lawrence,  M.  D.  Baber,  and  S.  Robinson. 

Nrom  the  county  of  Marion,  Thomas  F.  Austin. 

From  the  county  of  Madison,  I.  Murphy  and  H.  H.  Bolingei. 

From  the  county  of  Monroe,  W.  M.  Mayo. 

From  the  county  of  Montgomery,  A.  M.  Clingman. 

From  the  county  of  Mississippi,  F.  R.  Lanier. 

From  the  county  of  Newton  I.  Dodson. 

From  the  county  of  Ouachita,  A.  W.  Hobson. 

From  the  county  of  Pike,  S.  Kelley. 

From  the  county  of  Polk,  Archibald  Ray. 

From  the  county  of  Perry,  L.  D.  Hill. 

From  the  county  of  Pope,  Wm.  Stout. 

From  the  county  of  Poinsett,  IL  W.  Williams. 

From  the  county  of  Pulaski,  A.  IL  Garland  and  J.  Stillwell. 

From  the  county  of  Phillips,  T.  B.  Hanly  and  C.  W,  Adamb-. 

From  the  county  of  Prairie,  B.  C.  Totten. 

From  the  county  of  Randolph,  J.  W.  Crenshaw. 

From  the  county  of  Saline,  J.  M.  Smith. 

From  the  county  of  Sebastian,  W.  M.  Fishback  a  S.  L. 
Griffith. 

From  the  county  of  Scott,  E.  T.  Walker. 

From  the  county  of  Sevier,  B.  S.  Hawkins  and  J.  S.  Dollar- 
hide. 

From  the  county  of  St.  Francis,  J.  N.  Shelton  and  G.  W. 
Laughinghouse. 

From  the  county  of  Searc}',  John  Campbell. 

From  the  count}'  of  Union,  H.  Bussey  and  W.  V.  Tatum. 

From  the  county  of  Van  Buren,  J.  H.  Patterson. 

From  the  county  of  Washington,  D.  Walker,  J.  H.  Stirman, 
J.  P.  A.  Parks  and  T.  M.  Gunter. 

From  the  county  of  White,  Jesse  N.  Cypert. 

From  the  county  of  Yell,  W.  II.  Spivey. 

I,  John  L  Stirman,  secretary  of  state,  do  hereby  certify  that 
the  above  and  foregoing  list  of  delegates,  elected  to  the  con- 


JOURNAL    OF 


vention,  is  a  correct  copy  from  the  original  abstract  on  file  in 

inv  office. 

JOHN  I.  STIRMAN, 

Secretary  of  State. 

Secretary's  Office,  March  4,  1861. 

N.  B. — The  following  persons,  namely,  S.  W.  Cochran  and 
S.  H.Wren  received  222  votes  each,  in  the  county  of  Fulton. 

On  motion  of  Mr.  Echols,  Mr.  S.  S.  Boone  was  appointed 
door  keeper  pro  tern.,  and  instructed  to  provide  seats  for  the 
delegates. 

Mr.  Yell  moved  that  the  seci'etary  of  state  be  requested  to 
amend  the  returns  so  as  to  show  who  was  the  returning  officer 
of  Fulton  county. 

Mr.  Floyd  presented  a  certificate  of  S.  W.  Davis,  M.  V.  Sha- 
ver, and  R.  C.  Simonton,  stating  that  S.  W.  Cochran  was  a 
candidate  lor  delegate  to  this  convention  from  Fulton  county, 
upon  the  convention  ticket,  and  that  S.  H.  Wren  was  a  candi- 
date in  the  same  county  upon  the  anti-convention  ticket;  that 
there  was  a  majority  of  votes  cast  in  said  county  for  a  conven- 
tion, and  therefore  the  signers  of  said  certificate,  v/ho  compared 
the  votes  given  in  said  county,  appointed  S.  VV.  Cochran  return- 
ing officer  from  said  county. 

Which  certificate  was  received  by  Mr.  Yell  as  a  substitute 
for  his  motion. 

Mr.  Kelley  moved  that  the  further  consideration  of  said  certi- 
ficate be  postponed  until  the  convention  should  be  permanently 
organiz'^d;  which  motion  prevailed. 

Mr.  President  -pro  ttm  ,  then  announced  that  nominations  for 
president  of  the  convention  were  in  order. 

Whereupon,  Mr.  Bradley  nominated  David  Walker,  of  Wash, 
ington  county. 

Mr.  Hill  nominated  B.  C.  Totten,  of  Prairie  county. 

There  being  no  further  nominations,  the  roll  was  called. 

Those  delegates  who  voted  for  Mr.  Walker,  were 

Messrs.  Adams  of  Izard,  Austin,  Baber,  Bolinger,  Bradley, 
Bush,  Campbell,  Carrigan,  Cypert,  Desha,  Dinsmore,  Dodson, 
Fishback,  Fort,  Garland  of  Hempstead,  Garland  of  Pulaski, 
Griffith,  Gunter,  Hobbs,  Hobson,  Jackson,  Jester,  Kelley,  Ken- 


TIIK    (  ONVENTION.  11 

nard,  Mansfield,  Murphy,  Patterson  of  Van  Buren,  Smith, 
Spivey,  Stallings,  Stillwell,  Stirman,  Stout,  Thomason,  Totten 
of  Prairie,  Turner,  Walker  of  Scott,  Watkins  and  Williams — 40. 

Those  delegates  who  voted  for  H.  C.  Totten,  were 

Messrs.  Adams  of  Phillips,  Batson,  Bussey,  Clingman,  Coch- 
ran, Crenshaw,  Cryer,  Dollarhide,  Echols,  Flanagin,  Floyd, 
Fuller,  Gould,  Grace,  Hanly,  Hawkins  of  Ashley,  Hawkins  of 
Sevier,  Hill,  Hilliard,  Johnson,  Lanier,  Laugl\inghouse,  Mayo, 
Patterson  of  Jackson,  Kay,  Rhodes,  Robinson,  Shelton,  Slem- 
OMs,  Smootc,  Tatum,  Totten  ot  Arkansas,  Walker  of  W'ash- 
ington,  Wallace  and  Yell — 35. 

Mr.  President,  pro  /c/«.,then  announced  that  M)-.  Walker, 
having  received  a  majority  of  all  the  votes  cat;t,  was  duly  and 
legally  elected  President  of  tlie  convention. 

During  the  balloting,  at  the  calling  of  Fulton  county,  excep- 
tions were  taken  by  Mr.  Fishhack  to  the  vote  of  the  delegate 
claiming  to  represent  said  coujity. 

Mr.  Garland  of  Pulaski,  moved  that  the  vote  cast  by  said 
delegate,  (Mr.  Cochran,)  be  rejected;  which  motion,  after  debate, 
was  withdrawn. 

Messrs.  Totten  of  Praire,  Batson  and  W^atkins,  were  then 
appointed  by  the  President  ;;ro  tcm.,  to  conduct  the  President  to 
the  chair;  who,  after  a  few  brief  and  appropriate  remarks, 
entered  upon  the  discharge  of  his  duties. 

Mr.  President  announced  that  nominations  for  secretary  were 
in  order. 

Mr  Thomason  nominated  £.  C.  Boudinot. 

There  being  no  other  nominations,  Mr.  Adams  of  Phillips, 
moved  that  tiie  vote  be  taken  by  acclamation,  which  motion 
prevailed,  and  Mr.  Boudinot  was  elected  secretary  b}'  acclama- 
tion. 

Mr.  President  then  announced  that  nominations  for  assistant 
secretary  were  in  order;  whereupon 

Mr.  Echols  nominated  Mr.  H.  C  Collier,  of  JefTerson  county. 

Mr.  Robinson   nominated   Mr.  J.    B.  Arendale,  of  Lawrence 

county. 

Mr.  Kelley  nominated  INIr.  J.  P.  Jones,  of  Pula.^ki  county. 

Mr.  Batson  nominated  Mr.  A.  D.  King,  of  Johnson  county. 


12  JOURNAL    OF 


Mr.  Thomason  moved  that  the  candidate  receiving  the  small- 
cH  vote  s^hould  be  stricken  from  the  lit^t  of  candidates  until  an 
election  shoultl  be  had,  which  motion  prevailed. 

There  being  no  further  nominations  the  roll  was  called. 

Thot:e  delegates  who  voted  for  Mr.  Collier,  were 

Mes.srs.  Adams  of  Phillips,  Cryer,  Echols,  Fuller,  Gould, 
Grace,  Hanly,  Hawkins  of  Ashley,  Hawkins  of  Sevier,  Mill- 
iard, Johnson,  Lanier,  Laughinghouse,  Mayo,  Patterson  of 
Jackson,  Rhodes,  Shelton,  Siemens,  Totten  of  Arkansas,  Tut- 
len  of  Prairie  and  Yell — 21. 

Those  delegates  who  voted  for  Mr.  Arendale,  were 

Messrs.  Adams  of  Izard,  Baber,  Bush,  Crenshaw,  Desha,  Fort 
Hobbs,  Kennard,  Robinson,  Walker  of  Scott  and  Williams — 11. 

Those  delegates  who  voted  for  Mr.  Jones,  were 

Messrs.  Austin,  Bolinger,  Bradley,  Campbell,  Carrigan, 
Cypert,  Dinpmore,  Dodson,  Fishback,  Garland  of  Hempstead, 
(jarland  of  Pula^^ki,  Griffith,  Gunter,  Hobson,  Jackson,  Jester, 
Hill,  Kelley,  Mansfield,  Murphy.  Parks,  Smith,  Spivey,  Stallings 
Stillwell,  Stirman,  Stout,  Thomason,  Turner  and  Watkins — 30. 

Tho.se  delegates  who  voted  lor  Mr.  King,  were 

Messrs.  Batson,  Bussey,  Clingman,  Cochi'an,  Dollarhide, 
Flanagin,  Floyd,  Patterson  of  Van  Buren,  Ray,  Smoote,  Tatum 
and  Wallace — 12. 

No  candidate  liaving  received  a  majority  of  all  the  votes  cast, 
Mr.  Pret=ident  annoimced  that  there  was  no  election,  and  the 
convention  proceeded  to  a  second  ballot. 

The  name  of  Mr.  Arendale  v»'as  stricken  from  the  list  of  can- 
didates under  the  resolution  previously  adopted. 

On  second  ballot,  Mr.  Collier  received  29  votes. 

"         "  "     Jones         "  38 

u         ti         ii  a     King         »<  7         it 

Mr.  President  then  announced  that  Jno.  P.  Jones,  having- 
received  a  majority  of  all  the  votes  cast,  was  duly  elected  assis- 
tant secretaiy. 

Mr.  President  then  announced  that  nominations  for  door 
keeper  were  in  order,  whereupon  Mr.  Ray  nominated  J.  C. 
Henderson. 


THE    CONVENTION.  13 


Mr.  Adams  of  Izard,  nominated  Wm.  Hammond. 

Mr.  Grace  nominated  S.  S.  Boone. 

Mr.  Floyd  nominated  H.  .Tacobi. 

There  being  no  further  nominations,  the  roll  was  called. 

Those  delegates  who  voted  for  Mr.  Henderson,  were 

Messrs.  Adams  of  Phillips,  Basse}',  Clingman,  Cochran,  Cren- 
shaw, Dollarhide,  Ilanly,  Hawkins  of  Ashley,  Hawkins  of 
Sevi.er,  Lanier,  Laughinghouse,  Mayo,  Ray,  Tgttum,  Totten  of 
Arkansas  and  Wallace — 10. 

Those  delegates  who  voted  for  Mr.  Hammond,  were 

Messrs.  Adams  ot  Izard,  y\ustin,  Baher,  Bolinger,  Bush, 
Campbell,  Carrigan,  Cypert,  Desha,  Dinsmore,  Dodson,  Fish- 
back,  Flanagin,  Fort,  Garland  of  Hempstead,  Garland  of 
Pulaski,  Ciriflith,  Gunter,  Hobbs,  Hobson,. Jackson,  .Tester,  Kelly, 
Kennard,  Mansfield,  Murphy,  Parks,  Patterson  of  A'an  Buren, 
Smith,  Stallings,  Stillwell,  Stirman,  Stout,  Thomason,  Turner, 
Walker,  W  atkins  and  Williams — 38. 

Those  delegates  who  voted  for  Mr.  Boone,  were. 

Messrs.  Cryer,  Echols,  Fuller,  Grace,  Hilliard,  Johnson,  Pat- 
terson of  Jackson,  Rhodes,  Robinson,  Shelton,  Siemens,  Smoote, 
Totten  of  Prairie  and  Yell — 15. 

Those  delegates  who  voted  for  Mr.  Jacobi,  were 

Messrs.  Batson,  Floyd,  Gould  and  Hill — 4. 

Mr.  Piesident  announced  that  Mr.  Hammond,  having  received 
a  majority  of  all  the  votes  cast,  was  duly  elected  door-keeper 
of  the  convention. 

Mr.  Floyd  moved  that  the  secretary  be  instructed  to  supply 
the  delegates  with  necessary  stationery,  which  motion  pre- 
vailed. 

Mr.  Hanly  offered  the  following 

RESOLUTION:  i 

Resolved,  That  a  committee  of  five  be  appointed  by  the  chair 
to  prepare  and  tender  to  this  convention,  a  code  of  rules  for 
the  government  of  the  proceedings  and  deliberations  thereof, 
and  that  such  committee  be  instructed  to  report  at  the  earliest 
day  possible. 

Which  was  adopted. 


14  JOURNAL    OF 


Mr.  Kelley  offered  the  following 

RESOLUTION: 

Resolved,  That  the  ministrrs  of  the  gospel  resident  in  this 
•ity,  be  requested  to  open  the  ses.-*ions  of  this  convention  by 
prayer  each  morning;  and  that  a  committee  of  three  be 
appointed  by  the  President,  to  confer  with  such  ministers,  and 
report  to  the  convention. 

Which  resolution  was  adopted. 

Mr.  Johnson  moved  that  the  convention  then  proceed  to  th« 
election  of  a  page. 

iMr.  Gould  moved  to  amend  by  authorizing  the  president  to 
appoint  such  page,  which  was  adopted,  and  thereupon  Mr. 
President   appointed  master  W.  N.  Slack. 

Mr.  Garland  of  Pulaski,  offered  the  following 

RESOLUTION: 

Resolved,  That  the  President  be  hereby  authorized  to  appoint 
a  committee  on  resolutions,  a  committee  on  federal  relations, 
and  a  committee  on  elections,  to  be  composed  of  such  number 
as  he  may  designate,  and  report  back  to  the  convention  at  our 
next  meeting. 

Which  motion,  Mr.  Garland,  at  the  suggestion  of  Mr.  YeJl, 
withdrew  for  the  present. 

On  motion  of  Mr.  Floyd,  the  convention  adjourned  unti»  10 
o'clock  to-morrow  morning. 

DAVID  WALKER, 
,  President. 


Tuesday,   March   oik   IbCi. 
Convention  met  pursuant  to  adjournment. 
Prayer  by  Rev.  T.  Welch. 
Roll  called. 

present: 
Messrs.  Adams  oi  Izard,  Adams  of  Phillips,   Au.«tin,  Baber, 


THE    CONVENTION.  15 


Batson,  Bolinger,  Bradley,  Bush,  Bussey,  Campbell,  Carrigan, 
Clingman,  Crenshaw,  Cochran,  Cryer,  Cypert,  Desha,  Dins- 
more,  Dodson,  Dollarhide,  Echols,  Fishback,  Flanagin,  Floyd. 
Fort,  Fuller,  Garland  of  Hempstead,  Garland  of  Pula?ki, 
Gould,  Grace,  Griffith,  Gunter,  Hanly,  Hawkins  of  Ashley, 
Hawkins  of  Sevier,  Hill,  Hilliard,  Hobb^,  Hobson,  Jackson, 
Jester,  Johnson, Kelley,Kennar(:,  Lanier,  Laughinghouse,  Mans- 
field, Mayo,  Murphy,  Parks,  Patterson  of  Jackson,  Patterson  of 
Van  Buren,  Ray,  Rhodes,  Robinson,  Slemons,  Smith,  Smoote, 
Stalling?,  Stillwell,  Stirman,  Stout,  Tatum,  Thomason,  Tottoa 
of  Arkansas,  Totten  of  Prairie,  Turner,  Walker,  Wallace, 
Watkins,  Williams,  Yell  and  Mr.  President — 72. 

The  journal  of  yesterday  was  read,  approved  and  signed. 

Mr.  Hill  asked  and  obtained  leave  of  absence  for  Mr.  Spivey, 
on  account  of  indisposition. 

In  accordance  to  a  resolution  introduced  yesterday  by  Mr. 
Kelley,  requesting  the  President  to  appoint  a  committee  to  con- 
fer with  the  resident  ministers  of  the  gospel,  Mr.  President 
thereupon  announced  Messrs.  Kelley,  Stillwell  and  Stout,  such 
committee. 

Mr.  President  also  appointed  Messrs.  Hanly,  Thomason, 
Totten  of  Prairie,  Murphy  and  Carrigan,  a  committee  to  draft 
rules  for  the  government  of  the  proceedings  and  deliberations 
ij[  this  convention. 

Mr.  Garland  of  Pulaski,  introduced  the  following 

RESOLUTION: 

Reso'vcd,  That  the  President  of  the  convention  forthniln 
appoint  a  committee  on  resolutions,  consisting  of  five  delegates, 
a  committee  on  elections  co^tsisting  of  five  delegates,  and  a 
committee  on  federal  relations  consisting  of  thirteen  delegates. 

Mr.  Mansfield  offered  to  amend  as  follows: 

Re.tolvrd,  That  a  committee  of  thirteen,  to  be  styled  the 
committee  on  the  state  government,  be  appointed  by  the  Presi- 
dent, to  whom  shall  be  referred,  and  who  shall  consider  and 
report  upon  all  matters  involving  the  peace,  security  and  wel- 
fare of  the  people  of  Arkansas,  so  far  as  the  same  depend  upon 
the  action  of  their  state  government,  and  who  shall  especially 
consider  and  report  upon  the  capacity  and  wants  of  the  people 


16  JOURNAL    OF 


in  The  event  that  they  should  determine  to  assume  a  position 
(f  independent  sovereignty. 

xMr.  Garland  of  Hempstead,  moved  to  lay  the  amendment 
on  the  table. 

Mr.  Thomason  moved  to  adopt  the  original  resolution,  which 
motion  the  President  stated  to  be  out  of  order. 

Mr.  Mansfield  then  withdrew  his  amendment. 

Mr.  Thomason  moved  the  adoption  of  the  resolution. 

Mr.  Carrigan  asked  that  the  door  keeper  be  iniitruct^d  to 
preserve  order  in  the  galleries,  and  Mr.  President  instructed 
him  accordingly. 

Mr.  Yell  moved  that  the  convention  adjourn  until  to-morrow 
morning  10  o'clock,  which  motion  was  lost  on  a  division. 

Mr.  Grace  offered  the  following  resolution  as  a  substitute  for 
the  resolution  offered  by  Mr.  Garland  of  Pulaski. 

Resolved,  That  a  committee  of  thirteen  be  appointed  by  the 
President,  with  instructions  to  report  to  this  convention,  an 
ordinance  of  secession  of  the  State  of  Arkansas  from  the  Federal 
Union;  and  that  they  report  at  the  earliest  practicable  moment. 

Mr.  Carrigan  moved  to  postpone  the  resolution  indefinitely. 

Mr.  Gould  moved  to  adjourn  until  to-morrow  morning  10 
o'clock. 

On  which  motion,  Mr.  Johnson  called  for  the  yeas  and  nays, 
which  call  was  sustained,  and  ordered  with  the  following 
result: 

Yeas — Messrs.  Adams  of  Phillips,  Batson,  Bussey,  Clingman, 
Cochran,  Crenshav/,  Cryer,  DoUarhide,  Echols,  Flanagin,  Floyd, 
Fuller,  Gould,  Grace,  Hanly,  Hawkins  of  Ashley,  Hawkins  of 
Sevier,  Hill,  Hilliard,  Johnson,  Lanier,  Laughinghouse,  Maj'o, 
Patterson  of  Jackson,  Ray,  Rhodes,  Robinson,  Shelton,  Slem- 
ona,  Smoote,  Stirman,  Tatum,  Totten  of  Arkansas,  Totten  of 
Prairie,  Wallace  and  Yell — 36. 

Nays — Messrs.  Adams  of  Izard,  Austin,  Baber,  Bolinger, 
Bra<lley,  Bush,  Campbell,  Carrigan,  Cypert,  Desha,  Dinsmore, 
Dodson,  Fishback,  Fort,  Garland  of  Hempstead,  Garland  of 
Pulaski,  Griffith,  Gunter,  Hobbs,  Hobson,  Jackson,  Jester,  Kel- 
ley,  Kennard,  Mansfield,  Murphy,  Parks,  Patterson  of  Van 
Buren,  Smith,  Stallings,  Stillwell,  Stout,  Thomason,  Turner, 
\¥alker,  Watkins,  Williams  and  Mr.  President — 38. 


THE    CONVENTION.  17 


So  the  motion  did  not  prevail. 

Mr.  President  stated  tlie  question  to  be  on  laying  the  resolu- 
tion offered  by  Mr.  Grace  on  the  table. 

After  considerable  debate,  and  the  reading  of  the  i^esolution 
for  information,  Mr.  Garland  of  Hempstead,  moved  the  pre- 
vious question;  pending  the  discussion  of  which,  Mr.  Garland 
■withdrew  the  motion,  and  Mr.  Tatum  moved  that  the  conven- 
tion adjourn  until  10  o'clock  to-morrow' morning — Mr.  Grace 
having  the  floor — which  motion  prevailed,  and  the  convention 
adjourned. 

I'AVD)  WALKER, 

President. 


Wkdnesuav,  March  (Jth,   1861. 
Convention  met  pursuant  to  adjournment, 
l^rayerby  Elder  George  Plattenburg. 
Roll  called. 

r  R  p:  s  E  N  T  . 

Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin,  Baber, 
Batson,  Bolinger,  Bradley,  Bush,  Bu*;sey,  Campbell,  Carrigan, 
Ciingman,  Cochran,  Crenshaw,  Cryer,  Cypert,  Desha,  Dins- 
more,  Dodson,  DoUarhide,  Echols,  Fishback,  Flanagin,  Floyd, 
Fort,  Fuller,  Garland  of  Hempstead,  Grarland  of  Pulaski,  Gould, 
Grace,  Griffith,  Gantcr,  Hanly,  Hawkins  of  Ashley^  Hawkins 
of  Sevier,  Hill,  Hilliard,  Hobbs,  Hobson,  .Tackson,  Jester,  .John- 
son, Kelley,  Ivennard,  Lanier,  Laughinghouse,. Mansfield,  Mayo, 
Murphy,  Parks,  I'atterson  of  Jackson,  Patterson  of  Van  Buren, 
Ray,  Rhodes,  Robinson,  Shelton,  Slemona,  Smith,  Smoote,  Sral- 
lings,  Stillwell,  Stirman,  Stout,.  Tatum,  Thomason,  Totten  of 
Arkansas,  Totten  of  Prairie,  Turner,  Walker,  Wallace,  Wat- 
kins,  Williams,  Yell  and  Mr.  President — 73. 

Journal  of  yesterday,  read,  approved  and  signed. 
2 


18  JOURNAL    OF 


Mr.  President  presented  to  the  convention  the  following 
letter: 

Little  Rock,  March  4th,  1861- 
To  the  Ii(5n.  David  Walker,  Presidtnt 

of  the  Convention  of  (he  people  of  Arkansas: 

^iR — 1  herewith  submit,  for  your  inspection,  my  credentials, 
evidencing'  my  appointment  as  commissioner  from  the  conven- 
tion of  the  people  of  South  Carolina,  to  the  convention  over 
which  you  preside. 

In  obedience  to  my  instructions,  I  present,  through  you,  to 
the  convention  of  the  people  of  Arkansas,  a  certified  copy  of 
"•  The  Ordinance  of  Secession,"  passed  by  the  convention  of 
my  state,  on  the  20th  of  December  last,  a  "  Declaration  of  the 
immediate  causes  which  induced  and  justified  that  Ordinance," 
"  The  Address  of  the  people  of  South  Carolina,  assembled  in 
Convention,  to  the  people  of  the  slaveholding  States  of  the 
United  States,"  and  the  "  Report  and  Resolutions  from  the  com- 
mittee on  relations  with  the  slaveholding  states,  providing  for 
commissioners  to  such  states,  adopted  in  convention,  Monday, 
December  31,  1860." 

The  last  fully  discloses  and  exhibits  the  object  of  my  mission. 

I  have  the  honor,  sir,  to  remain  most  respectfully 

Your  obedient  serv't., 
A.  C.  SPAIN,   Com'?'. 

from  South  Carolina. 

At  the  same  time,  Mr.  President  presented  to  the  convention 
the  following  commission,  referred  to  in  the  above  letter,  both 
of  which  were  read: 

STATE  OF  SOUTH  CAROLINA. 

WiiiiRKAs,  Albertus  C.  Spain  has  been  duly  elected  by  a  vote 
of  the  convention  of  the  people  of  the  State  of  South  Carolina, 
to  act  as  a  commissioner  to  the  convention  of  the  people  of 
the  State  of  Arkansas,  and  the  said  convention  of  the  people 
of  the  State  of  South  Carolina,  has  ordered  the  governor  of 
said  state,  to  commission  the  said  Albertus  C.  Spain.  Now, 
therefore,  I  do  hereby  commission  you,  the  said  Albertus  C. 
Spain,  to  act  as  a  commissioner  from  the  State  of  South  Caro- 
lina, in  convention  assembled,  to  the  State  of  Arkansas,  in 
convention  assembled,  to  confer  upon  the  subjects  entrusted  to 
your  charge.  , 

Witness:  His  excellency,  Francis  W.  Pickens,  Governor  and 
Commander-in-chief  of  the  said  state,  this  1st  day  of  January, 
in  the  year  of  our  Lord,   one  thousand,  eight   hundred  and 


THE    OONVENTION.  ID 


sixty-one,  and  the    eighty-fifth  year    of  the   sovereignty    and 
independence  of  the  State  of  South  Carolina. 

F.  W.  PICKENS, 
[Seal.]          Ry  the  Governor: 
Jamf>   a.  Duffcs, 

Dcputxi  Secretary  of  State. 

Mr.  President  also  prpsented,  at  the  same  time,  a  certified 
copy  of  the  ordinance  to  dissolve  the  union  between  the  Statt' 
of  South  Carolina  and  other  states  united  with  her  under  the 
compact,  entitled  the  "  Constitution  of  the  United  States  oi 
America;"  also,  printed  copies  of  a  "  Declaration  of  the  imme- 
«1iate  causes  which  induce  and  justify  the  secession  of  South 
Carolina  from  the  Federal  Union,  and  the  Ordinance  of  Seces- 
sion:" "The  Report  and  Resolutions  from  the  committee  of 
thp  convention  of  South  Carolina,  on  relations  with  the  slave- 
holding  states,  providing  for  commissioners  to  such  states, 
adopted  in  said  convention,  Monday,  December  21st,  18G0;'' 
and  "  The  address  of  the  people  of  South  Carolina,  assembled 
in  convention,  to  the  people  of  the  slaveholding  states  of  the 
United  States." 

All  of  which,  upon  motion,  were  ordered  to  remain  on  file 
with  the  papers  of  the  convention. 

Mr.  Ilanly  moved  that  the  commissioner  from  South  Carolina 
be  permitted  to  take  a  seat  within  the  bar  of  the  convention; 
which  motion  prevailed,  and 

Messrs.  Hanly,  Garland  of  Pulaski,  and  Stirman,  were 
appointed  a  committee  to  wait  upon  said  commissioner,  and 
apprise  him  of  the  action  of  the  convention  i\\  this  behalf. 

Mr.  President  also  presented  to  the  convention  the  followifig 
letter: 

,  Little  Rock,  March  4th,  1861. 

Hon.  David  Walker: 

Sir — I  herewith  transmit  to  you  my  credentials,  as  Com- 
missioner from  the  State  of  Georgia  to  the  State  of  Arkansas; 
also,  certain  resolutions  adopted  by  the  people  of  Georgia,  in 
convention  assembled,  as  to  the  right  and  duty  of  Georgia  to 
secede  from  the  Union,  and  her  policy  after  so  doing  towards 
certain  other  states;  together  with  an  ordinance  to  dissolve 
the  union  between  the  State  of  Georgia  and  other  states,  once 
united  with  her  under  a  compact  of  government,  entitled  "  The 


20  JOURNAL    OF 


Constitution  of  the  United  States  of  America"—"  A  resolution 
of  the  convention  of  Georgia,  appointing  commissioners  to^ 
certain  other  states,  for  the  purposes  therein  indicated."  All  of 
which,  in  obedience  to  the  command  of  the  State  of  Georgia, 
I  submit  through  you  to  the  convention  of  the  people  of  Arkan- 
sas. 

Respectfully, 

D.  P.    HILL.    Com  mis  a  inner 

from  Vie  State  of  Georgia. 

Which  letter,  together  with  the  following  commission,  refer- 
red to  therein,  was  read  to  the  convention: 

STATE  OF   GEORGIA. 

Whereas,  The  people  of  Georgia,  in  convention  assembled? 
have  authorized  the  appointment  of  a  commissioner  to  the 
Slates  of  Delaware,  Maryland,  Virginia,  Tennessee,  North 
Carolina,  Kentucky,  Missouri  and  Arkansas,  to  present  to  the 
legislatures,  or  conventions,  or  in  the  event  neither  shall  be  in 
session,  to  the  governor  of  said  states,  the  ordinance  of  the 
secession  of  Georgia,  and  to  invite  their  co-operation  with  her 
and  other  seceding  states  in  the  formation  of  a  Southern  Con- 
federacy: 

Be  it  therefore  known  that  I,  the  president  of  said  convention, 
do  hereby  appoint  D.  P.  Hill,  a^s  commissioner  to  the  State  of 
Arkansas,  then  and  there  to  act  in  conformity  to  said  resoh:i- 
tion. 

In  witness  whereof,  I,  George  W.  Crawford,  have  hereto  set. 
my  hand,  this  SOth  day  of  January,  18G1. 

GEORGE  W.  CRAWFORD, 

President. 

Attest: 

A.  R.   Laai.\r,   Sccretartj. 

The  other  papers  presentfd  with  said  commission,  and  refer- 
red to  in  the  letter  of  said   commissioner  from   Georgia,  were, 
upon  motion,  ordered  to  be  placed  on  file  with  the  other  paper^'• 
of  the  convention. 

Mr.  Johnson  moved  that  Mr.  Hill,  as  commissioner  from  Geo:- 
gia,  be  permitted  to  take  a  seat  within  the  bar  of  the  conven- 
tion; which  motion  prevailed,  and,  upon  motion, 

Mr.  President  appointed  Messrs.  Johnson,  Yell  and  Patterson 
of  Jackson,  a  committee  to  wait  upon  Mr.  Hill,  and  inform  him 
of  the  action  of  the  convention  in  this  behalf. 


THE    CONVENTION.  21 


Mr.  Hani}',  from  the  committee  to  draft  rule.-,  presented  the 
following 

REPORT: 

Mr.  President — 

The  committee,  to  whom  wa?  referred  the  duty  of 
framing  a  code  of  rules  for  this  convention,  have  had  the  sub- 
iect  under  advisement,  and  in-truct  me  to  report  the  result  ©f 
their  deliberations  on  the  subject. 

Your  committee  have  prepared,  and  instruct  sne  to  tender 
herewith,  a  code  of  rules  which  they  think  will  be  found  to 
answer  the  ends  intended.  The  convention  will  observe  that 
their  committee  liave  had  an  eye,  in  the  frame  of  rules  submit- 
ted, to  simplicity  and  perspicuity,  leeling  unwilling  to  trammel 
the  olKcers  or  the  convention  with  unnecessary  restrictions  or 
rules,  which  in  any  way  may  conduce  to  stille  investigation  and 
free  discussion  of  the  great  questions  likely  to  ari-^e  during  the 
deliberations  of  this  convention. 

Your  committee  desire  also  to  say  that  the  rules  prepared  are 
submitted  with  the  unanimous  approval  of  their  entire  body, 
and  beg  leave  to  recommend  that  as  few  amendments  be  made 
by  the  convention  as  may  be,  leeling  assured,  as  your  commit- 
tee are,  that  efforts  to  amend,  to  any  considerable  extent,  will 
result  in  deranging  the  entire  code  as  proposed;  all  of  which  is 
respectfully  submitted,  and  your  committee  ask  to  be  discharged 
'rout  further  duties  in  the  premises. 

HANLY,   Chairman. 

Which  was  read  and  received. 

Mr.  Fishback  moved  to  amend  the  first  clause  of  the  third 
rule,  by  striking  out  the  words,  "  the  president  may  speak  to 
])oints  of  order  in  prelerence  to  other  members,"  and  inserting, 
"  the  president  shall  decide  questions  of  order  without  debate, 
subject  to  appeal  to  the  convention." 

After  the  reading  of  the  report  of  Mr.  Hanly,  as  chairman  of 
the  above  named  committee,  Mr.  Fishback  moved  that  the  rules 
governing  the  General  Assembly  be  adopted,  while  the  report 
is  under  consideration. 

Mr.  President  decided  the  motion  out  of  order,  but  leave 
being  granted,  Mr.  Fishback  renewed  his  motion,  which  was 
carried. 

Mr.  Fishback  also  proposed  to  amend  the  20th  rule,  as  report- 
ed by  said  committee,  by  striking  out  the  words,  "  and  a  call 
ot  the  previous  question  shall  not  be  allowed  in  this  convention," 


22  JOURNAL    OF 


and  inserting,  "  and  the  previous  question  may  be  called  and 
decided  by  a  vote  of  the  convention,  without  debate;  Provided, 
also.  That  such  previous  question  shall  apply  only  to  incidental 
»}uestions,  and  not  to  the  main  question." 

Mr.  Garland,  of  Hempstead,  moved  to  amend  the  35tb  ruie. 
by  strikinf^  out  the  words,  ''  the  business  of  the  convention 
shall  be  suspended  until  those  absent  are  brought  in,"'  and 
inserting  in  lieu  thereof,  "'on  the  call  of  the  house  the  business 
then  pending,  shall  be  suspended  for  one  hour,  and  the  absent 
members  sent  for,  at  the  end  of  which  time  the  roll  shall  again 
be  called,  the  absent  members  noted,  and  the  business  suspend- 
ed, upon  the  call,  shall  progress,  if  it  appear  that  a  quorum  be 
present;  Provided.,  hoiccvcr,  That  should  the  absent  members 
appear  sooner,  the  business  then  pending  shal!  progress  before 
the  expii'ation  of  the  time." 

Which  three  amendments  were  severally  accepted,  and  ti^ie 
report,  as  amended,  was  adopted. 

Mr.  Floyd  moved  that  the  code  of  rules  adopted  be  engrossed, 
and  that  200  copies  be  printed  for  the  use  of  the  convention; 
which  motion  prevailed. 

Mr.  Garland  asked  and  obtained  leave  to  withdraw  the  reso- 
lution offered  by  him  on  yesterday,  relative  to  appointing  thren 
committees. 

Mr.  Grace  then  vvithdrev/  the  substitute  for  said  resolution, 
offered  by  him  on  yesterday. 

Mr.  Still  well  offered  the  following 

RESOLUTION:    ' 

Resolved,  That  the  President  appoint  a  sergeant- at-arnis,  in 
accordance  with  the  rules. 

Which  resolution  was  adopted,  and  Mr.  President  thereupon 
appointed  JMr.  T.  .T.  Hampton,  as  such  sergeant-at-arms. 
.vir.   Batson  odered  the  following 

RESOLUTION: 

Resolved,  That  all  ordinances  which  may  be  passed,  and  sucft 
resolutions  as  may  be  adopted  by  the  convention,  in  relation  to 


THE    CONVENTION.  23 

the  state  of  the  country,  shall  be  enrolled,  and   that   the  secre- 
tary be  required  to  have  the  same  done  in  a  proper  manner. 

Which  resolution  was  adopted. 

Mr.  Floyd  moved  to  adjourn,  hut  by  request  withdrew  thr 
motion. 

Mr.  Batson  moved  that  the  Pre.-=ident  appoint  an  engros.>in^- 
and  enrolling  clerk,  but  objectioms  being  made,  withdrew  the 
same. 

Mr.  Turner  offered  the  following 

RESOLUTION: 

Iicsoh-cd,  That  the  Prer:id(rnt  do  now  appoint  acoinmittee  on 
election?,  and  that  such  committee  be  instructed  to  report  at 
the  earliest  hour  practicable,  upon  the  election  of  members  of 
this  convention. 

Which  was  adopted,  and  Mr.  President  thereupon  appointed 
Messrs.  Kennard,  Bussey,  Jester,  Bush  and  Ray,  such  com- 
mittee. 

On  motion  of  Mr.  Floyd,  the  convention  adjourned  until  to- 
morrow morning  at  10  o'clock. 

DAVID  WALKER, 

F resident. 


Thursday,  March    Ith,   ISGl 
Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Rev.  Mr.  Stanley. 
Roll  called. 


P  R   E  3  K  N   T 


Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin,  Baber, 
Batson,  Bolinger,  Bradley,  Bush,  Bussey,  Campbell,  Carrigan, 
Clingman,  Cochran,  Crenshaw,  Cryer,  Cypert,  Desha,  Dinsmore, 
Dodson,  Echols,  Fishback,  Flanagin,  Floyd,  Fort,  Fuller,  Gar- 
land of  Hempstead;  Garland  of  Pulaski,  Gould,  Grace,  Griffith, 


24  JOURNAL    OF 


Gunter,  Ilanly,  Hawkins  of  As^hley.  Hawkins  of  Sevier,  Hill, 
Hilliard,  Hobbs,  Hobson,  Jack?on,  Jester,  Johnson,  Kelley,  Ken- 
jiard,  Lanier,  Laughinghouse,  Mansfield,  Mayo,  Murphy,  Parks, 
I'atterson  of  Jackson,  Patterson  of  A^an  Buren,  Ray,  Rhodes, 
Robinson,  Shelton,  Slemons,  vSmith,  Smoote,  Stallings,  Still- 
well,  Stirman,  Stout,  Tatum,  Thomason,  Totten  of  Arkansas 
Totten  of  Prairie,  Turner,  Walker,  Wallace,  Watkins,  Willianns 
Yell  and  Mr.  President— 73. 

The  journal  of  yesterday  was  read,  approved  and  signed. 

Mr.  Kennard,  from  the  committee  on  elections,  appointed  by 
the  President  on  yesterday,  made  the  following 

■      REPORT : 

Mr.  Prksiuent — 

Your  committee  on  elections  respectfully  report  that 
they  have  examined  the  official  returns  of  the  votes  cast  for 
delegates  to  this  convention,  in  each  county  in  the  state,  as 
the  same  are  on  file  in  the  office  of  the  secretary  of  state,  and 
that,  from  said  returns,  it  appears  that  the  report  of  the  secre- 
tary of  state,  laid  before  the  convention  heretofore,  in  response 
to  a  resolution  calling  on  him  for  a  list  of  the  names  of  dele- 
gates to  this  convention,  correctly  states  the  names  of  the 
delegates  elected  from  all  the  counties  in  the  state,  except  the 
count}^  of  Fulton.  In  Fulton  count}',  no  person  having  received 
a  majority  of  all  the  votes  cast,  no  delegate  to  this  convention 
was  elected. 

Your  committee  are  of  opinion,  hov^-ever,  that  S.  W.  Coch- 
}an,  who,  as  returning  officer,  brought  up  here  the  vote  of  the 
count}'  of  Fulton,  and  has  been  admitted  to  a  seat  on  the  floor 
of  the  convention  during  its  preliminary  proceedings,  under  all 
the  circumstances  of  the  case,  should  be  allowed  mileage,  and 
pe?-  dicrn  pay,  as  other  delegates,  for  the  time  he  has  waited 
the  action  of  this  committee. 

Your  committee  recommend  the  adoption  of  the  following 

RESOLUTION: 

Bcsoh-cd,  That  there  being  no  delegate  elected  to  this  con- 
vention from  the  county  of  Fulton,  the  President  of  this  con- 
vention is  hereby  required  to  appoint  a  day  for  holding  an 
election  in  said  county  to  elect  a  delegate  from  said  county  to 
this  convention,  and  that  the  governor  issue  his  proclamation 
to  the  sheriff  of  said  county,  to  hold  said  election  on  the  day 
appointed,  in  conformity  to  the  provisions  of  the  act  of  the 
legislature  calling  this  convention. 

KENNARD,  Chairman. 


THE    CONVENTION.  25 


s 


WFftch  report  was  received. 

Mr.  Hanly,  as  chairinan  of  the  committee  appointed  on  yes- 
terday, to  wait  upon  Hon.  A.  C.  Spain,conimissioner  from  South 
Caiolina,  thew  introducetl  him  to  the  President,  who,-  in  turn, 
introduced  him  to  the  convention;  who,  alter  a  lew  remarks, 
took  his  .seat  within  the  bar  of  the  convention. 

Mr.  Johnson,  iVom  a  similar  committee,  appointed  to  wait 
upon  the  Hon.  1).  P.  Hilf,  commissioner  from  the  State  of 
Georgia,  introduced  him  to  the  President  and  the  convention, 
who  also  took  his  seat  within  the  bar  of  the  convention. 

Mr.  Turner  moved  the  adoption  of  the  resolution  reported  by 
the  committee  on  elections. 

Mr.  Totten  of  Prairie,  offered  the  following  as  a   substitute: 

Whereas,  The  vote  in  the  county  ot  Fulton,  between  'S.  AV. 
Cochran  and  S.  11.  Wren,  competing  candidates  for  a  seat  in 
this  convention,  was  a  tie  vote;  by  reason  whereof,  the  said 
county  of  Fulton  has  no  full  representation  in  this  convention; 
and  whereas,  it  is  desirable  that  every  county  should  be  repre- 
sented on  the  njomentous  issues  now  pending  before  this  con- 
vention; and  whereas,  it  is  deemed  impossible  lo  have  a  new 
election  held  in  the  said  county  of  Fulton,  preceded  by  due 
notice  to  the  people  thereof,  in  time  to  be  available  for  this 
convention;  therelore, 

Resolved,  That  the  said  S.  W.  Cochran,  and  the  said  S.  H. 
W'ren,  be  each  entitled  to  a  seat  on  this  lloor,  with  the  power 
of  casting  but  one  vote  between  them;  and  that  the  power  of 
voting,  on  the  part  of  the  said  S.  W.  Cochran,  be  in  abeyance 
until  the  arrival  of  the  said  S.  H.  Wren;  and  that  each  of  the 
said  delegates  be  entitled  to  the  like  mileage  and  per  diem  as 
other  members  of  this  convention. 

Mr.  Mansfield  moved  to  lay  the  substitute  on  the  table. 

Mr.  Gould  offered  to  amend  the  substitute  of  Mr.  Totten,  by 
adding  the  words:  "  pioviding  the  fitting  delegate  shall  retain 
his  seat  here  until  the  other  delegate  from  Fulton  .'^hall  arrive;" 
which  amendment,  Mr.  President  decided  out  of  order,  and 
stated  the' (]uestion  to  be  upon  laying  the  substitute  of  Mr.  Tot- 
ten on  the  table. 

On  which,  Mr.  Thomason  called  for  the  yeas  and  nays,  and 
the  call  being  sustained,  was  ordered,  and  hail  with  the  I'ollow- 
ing  result: 

Yeas — Messrs.  Adams  of  Izard,  Austin,  Oaber,  Bolinger,  Bat- 


26  JOURNAL    OF 


son,  Bradley,  Bu:^h,  Bur^sey,  Campbell,  Carrigan,  Cypert,  l)egha, 
Ditirfmore,  Dodson,  Fishback,  Fort,  Garland  •of  Hempstead, 
Garland  .o(  Pula^^ki,  Griffith,  Gunter,  Hill,  Hobbs,  Hohson, 
Jacks=on.  Jester,  Kelly,  Kennard,  Mansfield,  Mayo,  Murphy, 
Parks,  Patterson  of  Jackson,  Patterson  of  Van  Buren,  Robin- 
son, Smith,  Stallings,  Stillvvell,  Stirman,  Stout,  Thomason, 
Turner,  Walker,  Watkins,  Williams,  Yeli  and  Mr.  President, — 
4a. 

N.vvs — Adams  of  Phillips,  Clingman,  Crenshaw,  Cryer,  Echols, 
Flanagin,  Floyd.  Fuller,  Gould,  Grace,  Hanly,  Hawkins  ol 
Ashley,  Hawkins  of  Sevier,  Hilliard,  Johnson,  Lanier,  Laugh- 
inghouse,  Ra} ,  Rhodes,  Shelton,  Slernons,  Smoote,  Tatucn, 
Totten  of  Arkansas,  Totten  of  Prairie,  and  Wallace~27. 

So  the  substitute  was  laid  on  the  table. 

Mr.  Gould  offered  the  following  amendment  to  the  resolution 

reported  by  the  committee: 

"  Provided,  Tliat  until  a  delegate  is  elected  from  Fulton 
county,  by  virtue  of  such  election,  the  sitting  delegate  shall  be 
entitled  co  his  seat." 

Mr.  Cypert  moved  to  lay  said  amendment  on  the  table. 

On  which  motion,  Mr.  Jester  called  for  the  yeas  and  nays-i; 
which  call  being  sustained,  was  ordered,  and  had  with  ihe  fol- 
lowing result: 

Ykas — Messrs.  Adams  of  Izard,  Austin,  Babejc,-Batson,  Bolin- 
ger,  Bradley,  Bush,  Bussey,  Campbell,  Carrigan,  Cypert,  Desha, 
Dinsmore,  Dodson,  Fishback,  Flanagin,  Fort,  Garland  of  Hemp- 
stead, Garland  of  Pulaski,  Griffith,  Gunter,  Hill,  Hobbs,  Hob- 
son,  Jackson,  Jester,  Kelley,  Keniiard,  Laughinghouse,  Mans- 
field, Mayo,  Murphy,  Parks,  Patterson  of  Jackson,  Patterson  of 
Van  Buren,  Smith,  Stalling'^,  Stillwell,  Stirman,  Stout,  Thoma- 
pon,  Totten  of  Arkansas,  Turner,  Walker,  W^atkins,  Williams, 
and  Mr.  President — 47. 

N.Avs— Messsrs.   Adams    of  Phillips,    Clingman,    Crenshaw, 
Cryer,  Echols,  Floyd,  Fuller,  Gould,  Grace,  Hanly,  Hawkins  of 
Ashley,    Hawkins   of  Sevier,    Hilliard,  Johnson,   Lanier,   Ray,. 
Rhodes,  Robinson,  Shelton  SJemons,  Smoote,  Tatum,  Totten  of 
Prairie,  Wallacd  and  Yell — 25. 

So  the  amendment  was  laid  upon  the  table. 


THE    CONVENTIOX.  27 


Mr.  Mansfield  moved  to  adopt  the  original  resolution. 

Mr.  Thomason  called  /'or  the  yeas  and  nays;  which  call  bcin^' 
sustained,  was  ordered,  and  had  with  the  following  result: 

Ykas — Messrs.  Adams  of  Izard,  Austin,  Baber,  Batson,  Bolii]- 
gor,  Bradley,  Bash-,  Bussey,  Canpbell,  Carrigan,  Clingman' 
Crenshaw,  Cypert,  Desha,  Dinsmore,  Dodson,  Fishback,  Flan.-i- 
gin,  Floyd,  Fort,  Fuller,  Garland  of  Hempstead,  Garland  of 
Pulaski,  Gould,  Griffith,  Gunter,  Hanly,  Hawkins  of  Ashley 
Hill,  Hilliard,  Ilobbs,  Hobson.  Jackson,  Jester,  Kelley,  Kennarc, 
Lanier,  Laughinghouse,  Mansfield,  Mayo,  Murphy,  Parks,  I'ai- 
terson  of  Jackson,  Patterson  of  Van  Buren,  Ray,  llhodet;. 
Robinson,  Shelton,  Sleinons,  Smith,  Smoote,  Stallings,  8tilJ- 
well,  Stirman,  Stout,  Ta^um,  Thomason,  Totten  of  Arkansas., 
Totten  of  Prairie,  Turner,  Walker,  Watkins  and  Williams — G'l. 

Nays — Messrs.  Adams  of  Phillips,  Cryer,  EchoLs,  Grace. 
Hawkins  of  Sevier,  Johnson,  W\'illace  and  Yell— 8. 

So  the  resolution  was  atlopted. 

Mr.  President,  under  the  rule  adopted  by  this  convention,  laid 
before  it  the  following  list  of  committees: 

0)1  Federal  Relations — Me.sssrs.  Turner,  Hanly,  Johnson,  Gar- 
land of  Pulaski,  Totten  o{  Prairie,  Watkin.s,  Desha,  Patterson 
of  Jackson,  Flanagin,  Hobson,  Cypert,  Batson  and  Carrigan. 

Oil  Stale  Afj'airs — Messrs.  Mansfield,  Stirman,  Adams  oJ 
Phillips,  D!nsmure,  Stilhvell,  Hilliard,  Totten  of  Arkansas  and 
Smith. 

On  Rcs'iliitions  and  Ordinances — Messrs.  Grace,  Thomason, 
Garland  of  Hempstead,  Kelley,   Gould,  Crenshaw  and  Tatum. 

On  3/i7//^V/— Messrs.  Yell,  Campbell,  Fishback,  Mnyo,  Hawk- 
ins of  Sevier,  Wallace,  Babi-r,  Hobbs,  Bradley,  Walker  anc; 
Fuller. 

On  Wa^s  and  Means — Messrs.  Stallings,  Gunter,  Griffith' 
Floyd  and  Smoote. 

]\Ir.  Totten,  of  Arkansas,  presented  the  following 

RESOLUTIONS: 

Rfsdctd,  That  the  inaugural  of  Mr.  Lincoln,  President  of 
ihe  United  States,  is,  and  ^^hould  be,  regarded  as  a  menace, 
involving  the  inhuman  doctrine  of  coercion,  again,-t  which 
Arkansas  should  pledge  herself  to  resistance,  by  all  she  holds 


28  JOURNAL    OF 


sacred  on  earth,  as  lon^  as  she  has  a  dollar  to  spend  or  a  son  to 
defend  her. 

Resolved,  That  the  ast-embling  of  an  army  at  Washington, 
under  the  plea  that  there  would  he  an  attempt  on  the  capital., 
was  but  a  miserable  pretext,  poorly  disguised — the  true  object 
being,  first,  to  intimidate  us  into  submission;  and  if  that  failed, 
Then  to  carry  out  the  polic}'  indicated  in  his  inaugaral  address, 
wliich  is  both  humiliating  to  southern  honor  and  destructive  to 
southern  interest. 

Resolved,  That  the  vast  preparations  for  war,  manifested  in- 
assembling  the  navy  from  loreign  stations^ — the  building  of  new 
ships  of  war — the  passage  of  the  laws  by  Congress  authorizing 
the  raising  of  large  bodies  of  troops,  and  the  collection  of  mili- 
tai'y  stores — the  appropriation  of  large  sums  of  money  from 
the  I'ederal  treasury — the  declared  purpose  of  the  President  in 
his  inaugural,  to  recapture  the  forts,  arsenals  and  public  build- 
ings in  the  seven  States  that  have  seceded  from  the  Federal 
Union,  are  an  unquestionable  declaration  of  war  against  those 
States,  and  afford  unmistakable  evidence  that  it  is  the  intention 
of  the  administration  of  the  federal  government  to  precipitate 
the  people  of  those  states  into  all  the  horrors  incident  to  a  civil 
war,  and  that  the  declared  intention  of  the  President  also  con- 
tained in  his  late  inaugural,  to  collect  the  revenues  and  duties 
in  those  states,  is  a  I'urther  manifestation  of  said  purpose. 

Resolved,  That  in  so  trying  an  emergency  there  is  but  one 
path  left  for  Arkansas  to  tread  with  honor,  and  that  is  fouqd  in 
the  instant  dissolution  of  those  ties  that  bind  her  to  her  oppres- 
sor, and  the  asseition  of  her  rights,  by  all  the  means  which  God 
has  given  her — making  a  common  cause  with  those  who  are 
ready  to  live  or  die  with  Ler. 

Mr.  Kelley  moved  that  the  resolutions  be  referred  to  the  com- 
mittee on  federal  relations. 

Mr.  Totten  stated  that  he  had  moved  to  adopt  the  resolutions, 
and  spoke  some  time  in  their  favor;  when 

Mr.  Thomason,  by  leave,  moved   to  adjourn  until  10  o'clock. 
Mr.  Floyd    moved    to   adjourn    until    10    o'clock    to-morrow 
morning. 

On  which  motion,  Mr.  Mansfield  called  for  the  yeas  and  nays; 
which  call  being  sustained,  was  ordered,  and  had  with  the  fol- 
lowing result: 

Yeas— Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Baber, 
Bussey,  Cry-er,  Echols,"Floyd,  Fuller,  Hanly,  Hawkins  of  Ash- 
ley, Hilliard,  Totten  of  Arkansas,  Totten  of  Prairie,  and  Yell 
—14. 


THE    CONVENTION.  29 


Nays — Mo'ssr^J|.  Austin,  Batson,  Bolingcr,  Bradley,  Bush, 
Campbell,  Carrigan,  Clingman,  Crenshaw,  Cypert,  Desha 
Dinsmore,  Dodson,  Fishbaclc,  Fort,  Garland  of  Hempstead, 
Garland  of  Pulaski,  Gould,  Grace,  Griffith,  Gunter,  Hawkins  of 
Ashley,  Hill,  Hubbs,  Ilobson,  Jackson.  Jester,  Johnson,  Kelley, 
Kcnnard,  Lanier,  Laughinghouse,  Mansfield,  Mayo,  Murphy, 
P&rks,  Patterson  of  Jackson,  Patterson  of  Van  Burcn,  Ray, 
Rhodes,  Robinson,  Shelton,  Siemens,  Smith,  Smoote,  Stallings, 
Stillwell,  Stirman,  Stout,  Tatum,  Thomason,  Turner,  Walker 
Wallace,  Watkins,  Williams  and  Mr.  President — 57. 

So  the  convention  refused  to  adjourn  until  10  o'clock  to- 
morrow, 

Mr,  Watkins  moved  to  take  a  recess  until  "^.V  o'clock,  p.  m.. 
which  motion  j)revailed,  and  the  convention  adjourned  until 
that  hour. 


2;V   o'clock,   I.  M. 
Convention  met. 
Roll  called. 

PRESENT  : 

Messrs.  Adams  ol  Izard,  Adams  of  Phillips,  Austin,  Batson, 
Bolinger,  Bradley,  Bush,  Bussey,  Campbell,  Carri^an,  Cling- 
man,  Crenshaw,  Cryer,  Cypert,  Desha,  Dinsmore,  Dodson. 
Echols,  Fishback,  Flanagin,  Floyd,  Fort,  Fuller,  Garland  of 
Hempstead,  Garland  of  Pulaski,  Grifllth,  Gunter,  Hanly,  Hawk- 
ins of  Ashley,  Hawkins  wf  Sevier,  Hill,  Hilliard,  Hobbs,  Jack- 
son, Jester,  Johnson,  Kellejs  Kennard,  Lanier,  Laughinghouse, 
Mansfield,  Mayo,  Murphy,  I'arks,  Patterson  of  Jackson,  Patter- 
son of  Van  Buren,  Ray,  Rhodes,  Robinson,  Shelton,  SIcmons, 
Smith,  Smoote,  Stallings,  Stillwell,  Stirman,  Stout,  Tatum, 
Thomason,  Turner,  Walker,  Wallace,  M'atkins,  Williams,  Veil 
and  Mr.  President — GG. 

Mr.  Floyd,  on  leave,  ofTered  the  following 


30  JOURNAL    OF 


RESOLUTION: 

•  Resolved,  That  a  committee  of  three  be  appointed  by  the 
preeident  to  wait  on  his  excellency,  Gov.  Henry  M.  Rector,  and 
i-equest  him  to  lay  before  this  convention  all  the  information 
he  has  in  his  possession  touching  the  political  condition  of  the 
State  of  Arkansas. 

Mr.- President  stated  the  question  to  be  on  the  motion  of  Mr. 
Xelley  to  refer  the  resolutions  of  Mr.  Totten,-of  Arkansas,  to 
the  committee  on  federal  relations. 

On  request,  Mr.  Ivelley»withdre\v  his  motion  to  refer  said 
resolutions,  with  the  understanding  that  he  would  renew  it 
o.i>.er  discussion  on  the  same  should  be  finished. 

Mr.  Totten  then  resumed  his  remarks,  and,  after  he  had  con- 
cluded, Mr.  Kelley  renewed  his  motion  to  refer  Mr.  Totten's 
resolution  to  the  committee  on  federal  relations;  which  motion 
V.  as  carried. 

Mr.  Fishback  offered  the  following 

RESOLUTION: 

Resolved,  That  any  attempt,  on  the  part  of  the  federal  gov- 
ernment, to  coerce  a  seceding  state,  by  an  armed  force,  will  be 
resisted  bj'  Arkansas  to  the  last  extremity. 

Mr.  Garland,  of  Pulaski,    moved  its  reference  to  the  same 

committee;  which  motion  prevailed. 

Mr.  Patterson,  of  Jackson,  introduced  the  following 

RESOLUTIOIS: 

Resolved,  That  a  committee  of  five  be  appointed  by  the  pre- 
.^'ident  of  this  convention,  whose  duty  it  shall  be  to  enquire  into 
the  relations  that  now  exist  between  the  government  of  the 
"  Confederate  States  of  America,"  and  the  government  known 
as  the  "  United  States  of  America,"  and  that  they  report  at  an 
early  day  of  this  convention. 

Mr.  Fishback  moved  to  lay  said  resolution  on  the  table. 

Mr  Fishback  withdrew  his  motion,  and  Mr.  Patterson  with- 
drew hia  resolution. 

Mr.  Johnson  moved  that  200  copies  of  Mr.  Totten's  resolu- 
tions be  printed  for  the  use  of  the  convention;  which  motion 
prevailed. 

Mr.  Floj'd  then  called  up  the  reGolution  offered  by  him,  and 
KTioved  its  adoption. 


THE    CONVENTION.  31 


Mr.  Thomason  offered  to  amend  said  resolution  as  follows: 

Resolved  fu?ihcr,  That  his  excelJency  be,  and  he  is  hereby 
requested  to  communicate,  at  his  earlief^t  convenience,  to  this 
convention,  all  the  information  in  liis  pos.«ession  touching  the 
seizure  of  the  United  States  art^enal  at  this  place,  ami  of  the 
causes,  if  any,  which  "  precipitated"  that  mov(!ment. 

Which  amendment  was  accepted  by  Mv.  Floyd,  and  the  reso- 
lution, as  ameuiled,  was  adopted. 

On  motion  of  !Mr.  Yell,  the  convention  adjourned  until  to- 
:norrow  morning  10  o'clock. 

•       ,  DAVID  WALKKli. 


Fkioav,   March   &(h,    iHOl. 
Convention  met  pursuant  to  adjournment. 
Prayer  by  Kev.  Mr.  Welch. 
Roll  called. 

r   R    K   S   K    .N    T    . 

Messrs.  Adame^  of  Izard,  Adams  of  Phillips,  Au.stin.  Baber. 
Katson,  Bolinger.  Bradley,  Bush,  Bussey,  Campbell,  Carrigan. 
(ylingman,  Crenshaw.  Cryer,  Cypert,  Desha,  Dinsmore,  Dodson, 
Doilarhide,  Ecbols.  Fiehback,  Flanagin,  Floyd,  Fort,  Fuller. 
Garland  of  Jlempstead,  Garland  of  Pulaski,  Gould,  Grace, 
Griffith,  Gunter,  Hanly,  Hawkins  of  Ashley,  Hawkins  of  Sevier, 
Hill,  Hilliard,  Hobbs.  Hobson,  .lackson.  Jester,  Johnson,  Kelley, 
Xennard,  Lanier.  Laughinghouse,  Mansfield,  Mayo,  Murphy, 
Parks,  Patterson  ot  Jackson,  Patterson  of  Van  Buren,  Ray, 
Rhodes,  Robinson,  Shelton,  Sleinons,  Smith,  Smoote,  Stallings, 
Stillwell,  Stirman,  Stout,  Tatum,  Thomason,  Totten  of  Arkan- 
sas, Totten  of  Prairie,  Turner,  Walker,  Wallace,  Wat.kin.s-. 
Williams,  Yell  and  Mr.  President--73. 

Journal  of  yesterday  read,  approved  and  signed. 

Mr,  Hanly  moved   to  amend  the  34th  rule  by  inserting  the 


32  JOURNAL    OF 


word  "  but,"  after  the  word  received,  and  before  the  word  "to,'' 
so  that  the  first  clause  of  said  rule  should  read  as  follows: 

"When  a  question  is  before  the  convention,  no  motion  shall 
be  received  but  to  postpone,  conunit;  amend,  or  to  adjourn." 

Which  motion  prevailed,  and  the  rule  \vas  so  amended. 

In  compliance  with  a  resolution  passed  on  yesterday,  the 
President  appointed  the  following  committee  to  wait  on  the 
governor  and  reques^t  him  to  communicate  information  relative 
to  the  political  affairs  of  the  state,  which  may  be  in  his  posses- 
sion, namely:  Messrs.  Floyd,  Thomason  and  Bolinger. 

Mr.  Adams  of  Phillips,  offered  the  following 
RESOLUTION: 

Resolved,  That  the  committee  on  ordinances  be,  and  they  are 
hereby  instructed  to  prepare  and  report  to  this  convention,  at 
the  earliest  practicable  moment,  an  ordinance,  providing  for 
the  immediate  ami  unconditional  secession  of  the  State  of 
Arkansas  iVom  the  Federal  Union,  known  as  the  United  Stales 
<of  America. 

Mr.  Watkins  moved  to  refer  the  resolution  to  the  committee 
on  resolutions  and  ordinances. 

Mr.  Hanly  moved  that  said  resolution,  and  all  others  of  a 
similar  character,  be  rnade  the  special  order  for  Tuesday  next. 

Mr.  Watkins  accepted  the  proposition. 

Mr.  Patterson  moved  that  the  consideration  of  the  resolution 
be  postponed  until  12  o'clock  M.,  on  Monday  next. 

Mr.    Garland  of  Hempstead,   by   leave,  read   the   following 

resolution  for  information,  which  he  offered  as  a  substitute  for 

the  resolution  of  Mr.  Adams. 

Resolncd,  That  the  committee  on  resolutions  and  ordinances 
h-e  hereby  requested  to  report  to  this  convention,  at  as  early  a 
day  as  possible,  their  views  as  to  the  proper  step  for  Arkansas 
to  pursue  in  the  present'condition  of  national  affairs. 

Which  substitute,  after  some  debate,  was  withdrawn. 

Mr.  Ilanly  moved  that  the  resolution  offered  by  Mr.  Adams  of 
Phillips,  be  made  the  special  order  for  to-day  at  12  o'clock,  M. 

Mr.  Garland  of  Pulaski,  moved  to  amend  by  referring  said 
resolution  to  the  committee  on  federal  relations,  that  the  com- 
mittee be  instructed  to  report  on  Tuesday  next,  and  that  said 
report  be  made  the  special  order  for  that  day. 


THE    COXVENTION.  33 

Mr.  President  stated  the  question  to  be  on  making  the  reso- 
lution the  special  order  for  12  o'clock  "  M."  to-day. 

Mr.  Garland  of  Pulaski,  moved  to  amend  by  making  it  the 
special  order  for  Tuesday  next;  which  was  adopted. 

Mr.  Laughinghonse  presented  the  following  resolution,  and 
requested  its  reference  to  the  committee  on  resolutions  and 
ordinances: 

Resolved,  That  in  the  opinion  of  thi-s  convention,  any  attempt 
on  the  part  of  the  federal  government  to  retake  the  forts, 
arsenals  or  public  property,  ro  collect  the  revenue,  or  to  enforce 
the  laws  in  anj'  of  the  states  whicii  have  seceded  or  withdrawn 
from  the  Federal  Union,  will  amount  to  coercion  on  the  part  of 
the  federal  government,  and  will  justify  or  warrant  resistance 
by  tjiose  states,  and  will  meet  with  the  unqualified  disapproba- 
tion of  this  convention  and  the  people  of  this  state;  justifying 
us  fully  in  our  own  consciences,  and  as  we  believe,  will  be  in 
the  estimation  of  the  civilized  world  in  severing  the  ligaments 
which  unite  us  to  a  government  so  unjust  and  unmindful  of  its 
obligations  to  those  governed,  and  so  disposed  to  usurp  and 
assume  the  exercise  of  powers  not  delegated  by  the  constitution 
under  which  it  arrogates  to  act. 

Mr.  Cypert  moved   to  refer   the  resolution  to  the   committee 
on  federal  relations,  which  motion  prevailed. 
Mr.  Garland  of  Pulaski,  offered  the  following 

RESOLUTION: 

Resolved,  That  the  Hon.  E.  W.  Gantt,  member  of  Congress 
for  the  2d  congressional  district  of  this  state,  be  invited  to  take 
a  seat  in  this  convention  during  its  meeiings;  and  that  the  like 
invitation  be  extended  to  the  lions.  Albert  Rust,  Robert  W. 
Johnson,  Wm.  K.  Sebastian  and  Charles  B.  Mitchel,  should 
they  be  present  during  the  session  of  the  convention;  and  that 
a  committee  of  three  be  appointed  to  wait  upon  those  gentle- 
men and  deliver  the  invitations  as  herein  provided  for. 

Mr.  Hanly  moved  to  amend  by  inserting  the  name  of  the 
Hon.  T.  C.  Hindman. 

Mr.  Patterson  of  Jackson,  moved  to  amend  by  including  the 
judges  of  the  supreme  court. 

Mr.  Thomason  moved  to  amend  by  including  the  governor  of 
the  state. 

Mr.  Johnson  moved  to  amend  by  including  the  cx-governors 


JOUKNAL    OF 


of  the  state,  which  amendments  were  severally  accepted,  and 
the  resolution,  as  amended,  adopted. 
Mr.  Echols  introduced  the  following 

RESOLUTION:  ' 

Resolved,  That  the  committee  of  thirteen  on  federal  relations 
be,  and  they  are  hereby  instructed  to  make  their  report  on 
Monday  next. 

Mr.  Thomason  moved  to  amend  by  striking  out  the  words 
"on  Mondey  next,"  aud  inserting  in  lieu  thereof,  the  words 
"at  the  earliest  practicable  moment,"  which  amendment  was 
accepted,  and  the  resolution,  as  amended,  was  rejected. 

Mr.  Floyd,  on  leave,  introduced  the  following      > 

ORDINANCE: 

AN  ORDINANCE  lo  dissolve  the  union  hdiocen  the  State  of 
Arkansas  and  the  other  States  united  with  her  under  the  com- 
pact  entitled  "  The  Constitution  of  the  United  States^ 
We,  the  people  of  the  State  of  Arkansas  in  convention 
assembled,  do  declare  and  ordain,  and  it  is  hereby  declared 
and  ordained,  that  the  acceptance  of  the  compact  by  the  Gene- 
ral Assembly  of  the  State  of  Arkansas,  approved  on  the  18th 
day  of  October,  A.  D.,  1836,  in  pursuance  of  an  a,ct  of  the 
Congress  of  the  United  States  of  America,  which  was  approved 
on  the  23d  day  of  June,  A.  D.,  183G,  and  authorized  by  the 
people  of  the  State  of  Arkansas,  by  which  the  sovereign  State 
of  Arkansas  became  a  party  to  the  federal  compact  under  the 
constitution  of  the  United  States  of  America,  and  all  laws  and 
ordinances  by  which  the  State  of  Arkansas  became  a  member 
of  the  Federal  Union,  be,  and  the  same  are  hereby  repealed 
and  abrogated,  and  that  the  union  now  subsisting  between  the 
State  of  Arkansas  and  the  other  states,  under  the  name  of  the 
United  States  of  America,  is  hereby  dissolved. 

V>'e  do  further  declare  and  ordain,  that  the  State  of  Arkansas 
hereby  resumes  all  rights  and  powers  heretofore  delegated  to 
the  government  of  the  United  .States  of  America;  that  her 
citizens  are  absolved  from  all  allegiance  to  said  government, 
that  she  is  in  full  possession  and  exercise  of  all  those  rights  of 
sovereignty  which  appertain  to  a  free  and  independent  state. 

We  do  further  declare  and  ordain,  that  all  rights  acquired 
and  vested  under  the  constitution  of  the  United  States,  or  any 
act  of  Congress  or  treaty  or  under  any  law  of  this  state  and 
not  incompatible  with  this  ordinance,  shall  remain  in  full  force 
and  have  the  same  efiect  as  if  this  ordinance  had  not  been 
passed. 


THE    CONVENTION.  35 


]Mr.  Floyd  moved  to  refer  said  ordinance  to  the  committee  on 
resolutions  and  ordinances. 

Mr.  Carrigan  moved  its  rejection. 

Mr.  Garland  of  Pulaski,  by  leave,  then  moved  that  the  Us»" 
of  the  convention  hall,  when  not  in  use  by  the  convention,  h^:- 
tendered  to  those  who  may  wish  to  address  the  people  upon 
the  political  issues  of  the  day;  which  motion  prevailed. 

Mr.  Totten  of  Arkansas,  on  leave,  moved  a  reconsideration 
of  the  vote  taken  yesterday  on  the  adoption  of  the  resolution 
reported  by  the  committee  on  elections,  relative  to  an  election 
for  a  delegate  from  Fulton  county;  which  motion  did  not  pre- 
vail. 

]\Ir.  Grace  moved  to  take  a  recess  until  3  o'clock,  P.  M. 

Mr.  Jester  moved  to  adjourn  until  0  o'clock  to-morrow  moriv 
ing;  which  motion  prevailed,  and  the  convention  adjourned. 
>  DAVID  WALKER, 

P  res  id  tut. 


Saturday,  March  S)l/i,  1861. 
Convention  met  pursuant  to  adjournment. 
Prayer  by  Rev.  P.  S.  G.  Watson. 
Roll  called. 

I'  R  E  S  E  N  T  : 

Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin,  Babe-, 
JJatson,  Bolinger,  Bradley,  Bush,  Bussey,  Campbell,  Carrigan. 
Clingman,  Crenshaw,  Cryer,  Cypert,  Desha,  Dinsmore,  Dodson. 
Dollarhide,  Echols,  Fishback,  Flanagin,  Floyd,  Fort,  Fuller, 
Garland  of  Hempstead,  Garland  of  Pulaski,  Gould,  Grace, 
Griffith,  Guntcr,  Manly,  Hawkins  of  Ashley,  Hawkins  of  Sevier, 
Hill,  Hilliard.  Hobbs,  Hobson,  Jackson,  Jester,  Johnson,  Kelley. 
Kennarc.   Lanier,  Laughinghouse,  Mansfield,  Mayo,  IMurphy. 


30  JOURNAL    OF 


Parks,  ralter:?on  of  Jackson,  Patterson  of  Van  ikiren,  Ray, 
Rhodes,  Robinson,  Shelton,  Sleinons,  Smith,  Smoote,  Staliings 
Stiilwcll,  istirman,  Stout,  Tatuin,  Thomason,  Totten  of  Arkan- 
sas, Totten  of  Prairie,  Turner,  Walker,  Wallace,  Watkins, 
Willi^uns,  Yell  and  Mr.  President— 73. 

Journal  o(  yesterday  read,  approved  and  signed. 

"Mr.  Dinsmore  asked  and  obtained  leave  of  absence  for  ]Mr. 
Jackson. 

i\lr.  President  then  laid  before  the  convention  the  following 
communication  from  the  governor: 

Executive  Office,  LillJe  Rock,         } 
March  8th,  18G1.  ^ 

Hon.   David    Walker, 

President  of  the  State   Convention: 

1  have  had  the  honor  of  receiving  a  resolution  passed 
by  your  honorable  body  as  ibllovvs: 

"  Jlcsnivcd,  That  there  being  no  delegate  elected  to  this  con- 
vention fi'om  the  county  of  Fulton,  the  president  of  this  con- 
vention is  hereby  required  to  appoint  a  day  for  holding  an  elec- 
tion in  said  county,  to  elect  a  delegate  from  said  county  to  this 
convention,  and  that  the  governor  issue  his  proclamation  to  the 
sheriir  of  said  county,  to  hold  said  election,  on  the  day  ap- 
pointed, in  conformity  to  the  provisions  of  the  act  of  the  legis- 
lature calling  this  convention." 

With  all  deferep.ce  to  the  views  of  the  convention,  the  execu- 
tive perceives  no  authority  under  the  constitution  or  laws  of 
this  state,  by  which  he  is  authorized  to  issue  a  proclamation 
requiring  an  election  to  be  held  for  a  delegate  to  this  conven- 
tion on  any  other  than  the  18th  day  of  February  last,  which 
duty  he  has  performed  as  required  by  an  act  of  the  General 
Assembly,  14th  January. 

That  act  makes  no  provision,  however,  for  a  second  election 
in  case  of  a  tie  vote,  and  the  executive  possessing  no  political 
power  except  that  with  which  he  is  clothed  under  the  existing 
constitution,  the  right  of  the  people  to  assemble  in  convention 
to  change  their  status  with  the  federal  government,  or  to  con 
sider  and  pass  upon  the  propriety  of  doing  so,  is  among  the 
reserved  rights  delegated  to  no  department  of  the  government 
and  to  be  exercised  upon  their  own  volition  and  by  their  autho- 
rity. 

The  bill  passed  by  the  legidature  and  sanctioned  by  mc, 
would  seem  to  derogate  from  this  principle;  but  in  co-opera- 
ling  with  that  body  in  this  particular,  I  hold  the  act  passed 
calling  the  people  together  as  merely  suggestive,  directory  in 


THE    CONYENTIOX. 


its  nature,  as  matter  of  convenience,  coming  from  tiie  ]a\v 
making  power,  entertaining  no  doabt  now  or  tlien,  that  a 
majority  of  the  people  thcmsclve;^,  or  through  delegates  chosen 
at  thir  own  will,  could  assemble  in  convention  and  pasti  upon 
the  future  status  of  their  government,  relatively  com^idering 
the  formation  of  new  governments  or  the  preservation  of  old 
ones. 

It  I  am  correct  in  these  opinions,  it  follows  neccssaril}'  that 
a  proclamation  issued  by  me,  without  lav/,  i-equiring  a  subordi- 
nate officer  to  do  an  act  which  the  people  have  not  authorized 
him,  nor  myself,  to  perform,  would  trench  upon  their  reserved 
rights,  and  savor  strongly  of  usurpation. 

The  right  does  exist  somewhere  to  perform  this  necessary 
act,  and,  in  my  opinion,  is  clearly  within  the  scope  of  powers 
resting  in  the  convention;  it  is  the  prerogative  ot  the  people  to 
lorm  and  remodel  governments;  the  duty  of  the  legislature  to 
enact  the  laws,  with  a  judiciary  to  expound,  and  an  executive 
to  enforce  them. 

I'jut  again;  can  the  convention  empower  the  governor  (as 
by  this  resolution)  to  perlorm  a  ministerial  act?  1  think  not 
under  our  present  system. 

Tiie  questions  involved,  however,  arc  b}^  no  means  free  from 
doubt  and  difficulty,  and  1  present  them  for  your  consideration, 
hoping  that  a  reconsideration  of  the  resolution  may  relieve  the 
:iubject  from  its  present  embarrassments. 

All  of  which  is  respectfullv  submitted. 

ilENUY  M.  RECTOR, 

Governor  of  Arkansas. 

Mr.  Turner  moved  the  reference  of  the  communication  to  the 
committee  on  elections;  which  motion  prevailed,  and  the  com- 
munication was  referred. 

Mr.  FI(»yd  asked  and  obtained  leave  to  present  the  following 
report  from  a  select  committee: 

Mr.  President — 

The  select  committee,  to  whom  was  assigned  the  duty 
to  call  on  his  excellency,  Gov.  Henry  M.  Rector,  and  request 
him  to  lay  before  the  convention  any  information  in  his  posses- 
sion touching  the  political  condition  of  the  ^tate  of  Arkansas, 
would  most  respectfully 

REPORT: 

That  they  have  performed  the  duty  required  of  them,  and  his 
excellency,  Gov.  Rector,  requested  them  to  say  to  the  conven- 
tion that  he  will  be  ready  to  make  his  communication  at  lOA 
o'clock  this  day. 


38  JOURNAL    OF 


All  of  which  is  respectfully  submitted. 

FLOYD,  Chairman. 

Which  report  was  received. 
Mr.  Smith  offered  the  following 

RESOLUTION: 

Resolved,  That  the  committee  on  state  affairs  be  requested  to 
investigate  and  report  as  to  the  amount  annually  expended  out 
of  the  treasury  of  the  United  States,  for  the  purpc^se  of  regula- 
ting our  intercourse  with  the  Indian  nations,  on  our  western 
frontier.  To  contractors  and  others,  for  the  transportation  of 
the  mails  in  this  state,  over  and  above  or  under  the  receipts 
for  said  transportation;  for  the  maintenance  of  the  federal 
courts  in  this  state,  and  also  for  any  and  all  other  purposes 
whatsoever,  within  and  for  the  use  and  benefit  of  said  state, 
and  that  said  committee  also  report  as  to  the  financial  means 
and  resources  of  the  State  of  Arkansas,  to  maintain  her  posi- 
tion, in  the  event  that  the  people  of  this  sta<e  should,  at  any 
time,  lor  the  preservation  of  her  rights  and  institutions,  deem 
it  necessarj'  to  sever,  and  should  sever  their  connection  with  the 
federal  government  of  the  said  United  Slates,  and  that  said 
committee  report  on  all  the  matters  aforesaid,  at  the  earliest 
practicable  period,  to  this  convention,  and  that  the  officers  of 
this  state  be  required  to  furnish  said  committee  with  any  and 
all  statistical  information  in  their  possession,  relative  to  the 
matters  aforesaid,  when  requested  by  said  committee  so  to  do. 

On  m.otion  of  Mr.  Stillwell,  the  resolution  was  adopted. 

Mr.  Carrigan  offered  the  following 

RESOLUTION: 

Resolved,  That  the  president  appoint  a  committee  of  five  on 
printing,  whose  duty  it  shall  be  to  inquire  into  the  prices  of 
printing  and  to  contract  with  a  suitable  person  to  perform  the 
printing  of  this  convention. 

After  a  short  debate,  Mr.  Carrigan,  by  leave,  withdrew  his 
resolution. 

Mr.  Smoote  offered  the  following  resolutions,  which  he  asked 
should  be  referred  to  the  committee  on  ordinances  and  resolu- 
tions: 

1st.  Resolved,  That  the  platform  of  the  party  know^n  as  the 
black  republican  party,  contains  unconstitutional  dogmas,  dan- 
gerous in  their  tendency  and  highly  derogatory  to  the  rights  of 
.slave    states,   and    among   them   the  insulting,  injurious    and 


THE    CONVENTION.  39 


untruthful  enunciation  of  the  right  of  the  African  race  in  this 
country  to  social  and  political  equality  with  the  whites. 

2d.  Resolved,  That  it  is  the  sense  of  this  convention,  from  the 
pn?t  history  of  the  pai'ty,  known  as  the  black  repubHcan  party — 
from  the  past  action  o\  its  leaders,  and  their  course  in  the  pres- 
ent crisii!,  and  from  the  acts,  utterances  and  conduct  of  its 
newly  elected  president,  that  said  party  intends  to  abide  by  and 
carry  out,  if  possible,  its  insulting  and  unconstitutional  platform. 

3d.  Rcsohcd,  That  the  seceded  states  have  ample  justifica- 
tion for  having  dissolved  the  tics  w'hich  bound  them  to  the  old 
Federal  Union,  in  the  constant  and  unconstitutional  political 
warfare  made  by  the  party,  known  as  the  black  republican 
party,  upon  the  institutions  of  the  slave  states,  wdiich  warfare 
has  culminated  in  the  election  of  a  president  by  that  party,  by 
a  purely  sectional  vote — upon  an  unconstitutional  platform,  the 
principles  of  which,  if  carried  out,  would  utterly  ruin  the  South. 

4th.  Resolved,  That  this  convention  cannot  shut  its  eyes  upon 
the  fact  that  the  government  of  the  United  States  is  now  under 
the  control  of  said  black  republican  party,  and  that  said  party 
has  power  to  use  every  arm  of  the  same,  except,  perhaps,  the 
judicial. 

5th.  Resolved,  That  in  the  opinion  of  this  convention  it  is  a. 
conclusion  clearly  resulting  from  the  foregoing  that  every  feel- 
ing of  honor,  interest  and  sympathy  demand  I  hat  the  State  of 
Arkansas  should  discontinue  her  present  political  relations  with 
the  United  States  of  America,  and  unite  herself  with  the  Con- 
federate States  of  x\merica. 

Mi\  Kelley  moved  to  refer  said  resolutions  to  the  committee 
on  federal  relations;  but  afterwards  withdrew  his  motion. 

Mr.  Bush  offered  the  folio v.'ing  as  a  substitute: 

Resolved,  That  if  the  republican  party  should  increase  in 
in  strength,  and  thereby  be  able  to  carry  out  its  purposes  in  the 
federal  government,  Arkansas,  acting  in  concert  with  her  sister 
border  states,  has  ample  means  of  resistance,  and  is  fully  able 
at  any  time  to  resist  any  unconstitutional  aggressions,  and  wc 
have  no  need,  therefore,  to  adopt,  hastily,  this  last  resort. 

Mr.  Floyd  moved  its  reference  to  the  committee  on  resolu- 
tions and  ordinances. 

Mr.  Kelley  moved  to  refer  the  original  resolutions  and  substi- 
tute to  the  committee  on  federal  relations;  wdiich  motion  pre- 
vailed. 

Mr.  Johnson  olTered  the  following 


40  JOURNAL    OF 


RESOLUTION: 

Resolved,  That  any  attempt  to  reinforce  any  of  the  forts, 
now  held  by  the  government  of  Lincohi,  in  the  southern  ttates, 
the  first  gun  fired,  in  hostility  against  the  seceding  states,  will 
be  considered  as  coercion,  and  will  be  resisted  by  all  the  povver 
of  the  state  government  of  Arkansas. 

]Mr.  Smoote  moved  to  refer  said  resolution  to  the  committee 
on  federal  relations;  which  motion  prevailed,  and  the  resolu- 
tion was  referred. 

JMr.  Fishback  rose  to  a  personal  explanation,  and  called  the 
attention  of  the  convention  to  a  part  of  the  proceedings,  as 
reported  in  the  True  Democrat  of  the  7th  inst.,  which,  he  said, 
vi'ere  calculated  to  misrepresent  him,  and  assured  the  conven- 
tion that  he  intended  no  disrespect  to  any  person  whatever, 

BIr.  Echols  offered  the  following 

RESOLUTION: 

Resolved,  That  this  convention  fully  recognizes  the  indepen- 
dence of  the  government  known  as  the  "  Confederate  States  of 

America." 

Mr.  Echols  moved  its  adoption. 

Mr.  Garland,  of  Hempstead,  moved  its  rejection,  and  on  the 
motion  called  for  the  yeas  and  nays. 

Mr.  Baber  moved  a  call  of  the  convention. 

JMr.  Gould  moved  that  the  resolution  be  referred  to  the  com- 
mittee on  federal  relations. 

Mr.  Garland,  of  Hempsteadj  stated  that  he  intended  moving 
a  postponement,  and  not  a  rejection  of  the  resolution. 

Mr.  President  stated  the  question  to  be  on  the  postponement 
of  the  resolution. 

Mr.  Echols  asked  leave  to  withdraw  the  resolution,  for  the 
purpose  of  presenting  a  substitute;  which  was  decided  out  of 
order. 

The  following  message  was  received  from  the  governor,  by 
the  hands  of  his  private  secretary: 

Mr.  President — 

I  am  instructed  by  his  excellency,  the  governor,  to  com- 


THE   CONVENTION.  41 


irauiicate  to  your  honor,  the  following  letter,   and  to  your  very 
honorable  body,  the  accompanying  met^sage. 

Ke^pectrullv, 

W.  M.  matiie:nY, 

Jlarch  9th,  ISGl.  Private  Secretary. 

EXEGLTIVE    OfFICK,  . 

Little  Rode,  Ark.,       \ 
March  9th,  1801.     ) 
Hon.  Danid  Walker, 

President  of  the  State   Convention: 

Sir — I  have  the  honor  of  receiving  through  the  committee', 
appointed  for  that  purpdse,  the  resolution  passed  by  your  hon- 
orable body,  requesting  me  to  lay  before  the  convention  all  the 
information  in  my  possession,  touching  the  political  condition 
of  the  State  of  Arkansas,  and  further,  that  I  communicate  at 
my  earliest  convenience,  all  the  information  in  my  possession 
touching  the  seizure  of  the  United  States  Arsenal,  at  this 
place. 

In  reply,  I  beg  leave  to  communicate  an  address  substantially 
responsive  to  the  requests  contained  in  said  resolution. 

There  is  one  modification,  however,  that  I  desire  to  make,  of 
the  views  expressed  in  said  address,  dated  2d  March,  to-wit: 
that  intervening  the  passage  of  an  ordinance — and  the  submis- 
sion of  the  same  to  the  people,  for  ratification,  if  the  policy  of 
coercion  be  practically  adopted  by  the  administration  at  \Yash- 
ington,  that  you  define  the  condition  of  Arkansas  to  be  one  ('f 
neutrality,  armed  if  necessary,  until  the  final  question  shall  be 
dcfermiined  thrcugh  the  ballot  box. 

I  have  the  honor  to  be, 
Very  i-espectfully, 

HENUY  M. 'rector, 
Governor  of  Ar/iansas. 


GOVERNOR'S  MESSAGE. 

Executive  Office,  } 

Little  Rock,  March  2d,  18G1.  ) 

Gentlemen  of  the  Conventions 

By  authority  of  the  people,  acting  in  their  sovereign  capacity, 
you  are  assembled  in  convention,  clothed  with  plenary  powers 
to  "  alter,  reform  or  abolish  their  government  "  in  such  manner 
as  you  may  think  proper. 


I -2  JOURNAL    OF 


-rt.^^ 


The  constitution  of  the  State  of  Arkansas  declares,  "  that  all 
power  is  inherent  in  the  people,  and  all  free  governments  are 
tounded  on  their  aathority  and  instituted  for  their  peace,  safety 
and  happiness,"  and  to  these  ends,  may  be  abolished  or  reformed 
at  pleasure. 

In  deference  to  uniform  precedent,  and  with  great  respect  to 
an  assemblage,  charged  with  such  important  duties,  I  have  con- 
ceived it.  to  be  my  duty  to  address  you  touching  the  momen- 
tous questions  that  imperil  the  honor,  the  lives,  and  the  fortunes 
of  our  people. 

I\o  period  in  American  history,  nor  any  connected  with  the 
administrative  policy  of  the  civilized  world,  has  imposed  more 
solemn,  more  respon'^^ible,  or  more  delicate  duties  upon  an 
assemblai^e  of  men,  than  those  which  nov/  devolve  upon  you 
whom  I  have  the  honor  of  addressing — and  though  with  inlinite 
distrust  of  my  own  abilities,  I  have,  in  the  pa^t,  and  shall  con- 
tinue in  the  future,  to  meet  the  grave  questions  at  issue — as  an 
honest  man  should  do,  who  is  willing  to  devote  his  honor,  his 
life  and  his  fortunes  to  the  cause  of  his  country.  Unfortunate 
it  may  prove  in  future  for  the  cause  Oi"  civil  liberty,  that  the 
American  government,  made  up  of  confederated  states — peo- 
pled from  a  common  ancestry,  and  deriving  the  inestimable 
blessing  of  republican  liberty  from  a  common  fountain,  have 
irom  antagonistic,  domestic  and  social  institutions  become 
alienated — distrustful  and  inimical  to  each  other — until  the 
ligaments  of  the  Union,  once  like  hooks  of  steel,  have  been 
severed  so  insensibly  as  almost  to  defy  realization.  On  the  r2th 
of  December  last,  then,  whilst  American  history  had  not  recor- 
ded the  separation  of  the  United  States — I  c-^-mmunicated  to 
the  General  Assembly  what  seemed  to  my  mind  an  inevitable 
result,  to-wit:  that  the  union  of  the  states  v.^as  no  longer  an 
existing  fact,  and  which  succeeding  events  have  too  well  testi- 
fied; and  that  Arkansas,  surrounded  by  inauspicious  circum- 
stances, should  not  hesitate  to  prepare  for  coming  events, 
through  a  council  of  her  people  assembled  in  convention.  Pro- 
crastination, however,  and  delay  ensued,  the  legislature  seem- 
ing to  rely  chiefly  upon  the  hand  of  Providence,  to  stay  the 
wind  and  dissipate  the  storm.  Men  and  governments  are  the 
architects  of  their  own  fortunes,  and  success  crowns  those 
generally  who  endeavor  to  help  themselves. 

The  question  at  issue  before  the  people  of  Arkansas  is, 
whether  their  honor,  their  future  safety  and  happiness  now  and 
forever,  impels  them  to  separate  from  the  Federal  Union,  and 
unite  their  fortunes  with  the  seven  seceding  states,  or,  on  the 
other  hand,  whether  prudential  motives  shall  admonish  them  to 
take  refuge  amidst  the  fragments  of  the  old   Union,  hoping 


ri 


4 


THE    CONVEXTION.  4 

for  a  retonstinction  of  the  government  upon  terms  of  honora-^ 
b!e  equality  to  the  slaveholding  states. 

Surrounding  circurr^stances  are  th^  true  indices  of  all  human 
action.  What  might  have  been  of  dubious  propriety  on  ye?- 
terday,  often  becomes  of  paramount  importance  on  to-morrow. 

The  United  States,  as  they  originally  stood,  were  composed 
of  thirty-three  independent  sovereignties — each  one  the  judge 
of  its  own  wrongs,  and  of  the  mode  and  measure  of  its  redres.--. 
Upon  this  principle  and  none  other,  the  original  compact  was 
iormed,  uniting  each  state  v»ith  the  general  government.  It 
v/as  a  treaty,  or  alliance  of  separate  and  distinct  governments, 
for  the  purposes  of  mutual  protection  against  the  inroads  ov. 
aggressions  of  the  more  powerful  European  powers — each  state 
preserving  its  equality  with  either,  or  all  the  other  states  com- 
bined— inferior  to  none — the  voice  of  its  own  peo])le  being  the 
superior  and  ruling  authority.  The  right  of  secession  so  impla- 
cably assailed,  is  but  the  (ruit  of  the  American  revolution, 
announced  to  the  Vi'orld  by  our  forefathers  in  their  declaration 
of  independence,  and  sealed  by  their  blood  at  the  battles  of 
Monmouth,  Bunker  Hill  and  Lexington. 

■\  In  our  own  constitution,  by  the  "  bill  of  rights,"  the  right 
f  the  people  to  reform  or  abolish  their  government,  is  distinct- 
ly announced,  and  is  the  sheet  anchor  of  their  liberties;  What 
would  American  liberty  be  worth,  if  the  kingly  prerogative 
existed  in  the  general  government  to  oppress  a  state,  or  a  sec- 
tion of  states,  if  the  power  of  redress  was  not  held  in  their 
town  hands?  If  the  states  are  not  the  ju(-lges  of  their  rights  or 
wrongs,  who  is  the  arbiter?  Who  is  the  umpire?  Some  point  to 
the  Judicial  arm  of  the  government  as  an  authority  constituted. 
to  decide  upon  the  relative  rights  of  the  states  and  the  general 
government.  That  tribunal,  organized  to  determine  the  civil 
rights  of  individuals,  was  never  intended  b}'^  its  creators  as  a  ^ 
repository  of  political  power.  But  whether  in  legal  contem-  • 
plation,  the  states  have  a  right  to  secede  or  not,  has  now 
become  entirely  unimportant — they  have  done  so,  fully,  em- 
phatically, and  completely — the  enigma  has  been  solved  by 
practical  demonstration.  'J'hc  golden  chains  once  biacingup 
the  loins  of  the  Union,  have  been  rent  in  twain  by  the  very 
hands  that  forged  them.  Georgia  and  South  Carolina,  matrons 
among  the  original  thirteen  states,  have  thrown  off  the  galling 
fetters,  and  struck  a  second  time  for  unrestricted  liberty.  ^ 

Since  they  have  exercised  this  abstract  riglit,  are  they  morally  f^ 
justiiie:!  in  what  they  have  done?  Have  they  in  the  light  of 
heaven  been  sinned  against,  or  are  the}"  sinning  against  others? 
Their  offence,  like  our  own,  in  the  eyes  of  the  northern  people, 
is  sldvcri/.  This  institution,  co-existent  with  the  remotest  periods 
of  civilization,  and  sanctioned  by  divine  authority,  is  declared 
by  the  president  elect,  to  "  be  in  the  course  of  ultimate  extinc- 


44  JOUENAL    OF 


tion."  He  has  declared,  and  that  truly,  that  the  United  States 
government  -'cannot  exist  half  s  la  oe  and  half  free."  An  irre- 
pres.sible  conflict,  says,  he,  is  going  on  between  freedom  and 
slavery.  That  institution  is  now  upon  its  trial  beiore  you,  and 
if  we  mean  to  defend  and  transmit  it  to  our  children,  let  us 
terminate  this  northern  crusade,  by  forming  a  separate  govern- 
ment, in  which  no  conflict  can  ensue. 

But  if,  upon  the  othes  hand,  w'e  are  prepared  to  admit  the 
ai'gument,  that  slavery  is  a  sm — that  the  melioration  of  the 
Avhite  and  the  black  races  requires  us  to  abolish  it,  we  shall 
keep  in  the  true  line  of  policy  marked  out  by  the  incoming 
President,  by  remaining  in  the  Union. 

Great  solace  is  indulged  in  by  some,  that  it  is  the  avowed 
purpose  of  black  republican  domination  to  permit  slavery  to 
remain  unmolested  in  the  states  where  it  nov/  exists;  whilst  it 
is  as  distinctly  announced  upon  the  other  hand,  that  the  institu- 
tion shall  be  denied  all  power  of  expansion  over  territory  now 
possessed  or  hereafter  to  be  acquired. 

The  laws  of  physical  science  perceive  no  stand  point,  from 
which  there  is  neither  progression  nor  retrogade  action.  Peo- 
ples, governments,  and  the  institutions  of  government,  must 
either  recede  or  advance.  The  area  of  slavery  must  be  exttndcd 
correhdive  with  its  antagonism,  or  it  will  be  put  speedily  in  the 
"  coarse  of  ultimate  extinction."  It  must  invest  the  southern 
portion  of  North  America,  from  the  Atlantic  to  the  Paciiic, 
south  of  3G  deg.  and  SO  min.  north  latitude,  to  be  permanent; 
else  when  hemmed  in  by  a  cordon  of  fire,  "  like  a  scorpion,  it 
will  sting  itself  to  death."  Pu.t  in  the  bounds,  and  it  will  soon 
have  a  general  goal-delivery. 

The  extension  of  slavery  is  the  vital  'point  of  the  whole  con- 
troversy between  the  North  and  the  South,  as  is  plainly  mani- 
fested by  the  persistent  opposition  of  the  northern  people  to  its 
being  engrafted  upon  any  newly  acquired  territory,  whether 
south  or  north  of  the  negro  line.  Does  there  exist  inside  the 
borders  of  Arkansas  any  diversity  of  sentiment,  as  to  the  reli- 
gtous  or  moral  right  of  holding  negro  slaves?  Do  any  imagine 
that  the  non-slaveholder  will  be  less  involved  pecuniarily  and 
socially,  in  the  extirpation  of  this  institution  than  the  slave- 
holder himself.  The  productive  portion  of  the  soil  of  Arkansas 
is  so  geographically  circumstanced  as  to  preclude  the  idea  that 
it  can  be  successfully  cultivated  by  white  labor.  From  these 
more  fertile  regions  is  produced  by  slave  labor  in  stiperabund- 
ance,  the  staple  commodity,  cotton — justl}"  stiled  commercial 
king  of  Europe  and  America.  From  the  exportation  of  this 
article  alone,  our  people  receive  annually  an  influx  of  capital, 
which  permeates  the  hill-tops  and  the  valleys  of  every  section 
and  portion  of  the  state.  The  cotton  planter  of  the  South 
exposed  to  insolubrious  clim.es,  indeed  is  but  the  factor  for  his 


THE  CONVENTION.  45 


northern  neighbor — inhabitino:  the  mountain  region,  blessed 
with  health,  free  trade  and  remunerative  prices  for  his  grain, 
frnit,  stock  and  other  articles  produced  for  and  sold  in  a  south- 
ern market.  Who  colud  find  a  market  for  the  surplus  products 
of  North  Arkansas,  if  the  more  genial  soil  of  the  South  was 
deprived  ot  slave  labor?  God  in  his  omnipotent  wisdom,  I 
believe,  created  the  cotton  plant — the  African  slave — and  the 
lower  Mississippi  valley,  to  clothe  and  feed  the  world,  and  a 
gallant  race  of  men  and  women  produced  upon  its  soil  to 
defend  it,  and  execute  that  decree. 

There  are  twp  prominent  points  pressing  themselves  upon 
the  attention  of  the  people.  First — to  which  portion  or  frag- 
ment of  the  old  Union  does  Arkansas,  by  reference  to  her  own 
interests,  owe  her  allegiance.  And  in  solving  this  ditlicuity,  I 
assume  that  seven  stales  having  gone  out,  there  is  no  Union — 
no  United  States  government.  T'hcre  being  thirty- three  states 
to  the  compact,  if  one  withdraws,  is  the  compact  broken?  I 
.think  so.  If  seven  withdraw,  is  it  not  then  broken?  That 
being  denied — if  thirty  withdraw,  leaving  three  behind,  do  the 
remaining  three  constitute  Ihc  Union?  Surely  no  man  v.'ould 
answer  that  in  the  nliirmative.  Then  the  principle  is  the  same 
from  first  to  last,  whether  one  or  thirty  states  withdraw — the 
contract — the  agreement — the  partnership  is  dissolved.  And' 
each  partner,  whether  by  his  act  or  the  act  of  his  associate,  is 
released,  and  stands  intact  as  he  did  before  he  signed  the  atti- 
cles  of  agreement.  If  this  course  of  reasoning  is  correct,  the 
question  for  Arkansas  to  determine,  is,  whethe.c  she  will  join 
her  sister  states  of  the  South,  with  whom  she  has  a  common 
interest,  and  must  have  a  common  destiny;  or  whether  «he  will 
turn  her  eyes  North,  to  Missouri,  Kentucky,  jMaryland,  and  the 
eighteen  abolition  states,  for  sympathy  and  protection.  If  the 
cotton  states  had  formed  one  government,  and  the  border  slave 
states  and  the  North  another;  when  Arkansas  asked  for  admis- 
sion, to  which  government  would  she  have  turned  her  attention, 
seeking  an  alliance?  Certainly  not  to  the  northern  govern- 
ment, wherein  she  must  perpetually  remain  subordinate!  bat 
to  the  southern,  of  which  she  would  have  been  an  equal., 

Fifteen  southern  states  have  failed  in  the  past  to  protect 
slavery — how  then  can  the  remaining  eight  accomplish  that, 
object  by  remaining  in  the  Union?  Secondly,  the  doctrine  of 
coercion  announced  by  jMr.  Lincoln,  and  indorsed  recently  by 
the  lower  house  of  Congress  on  the  Branch  amendment,  by  a 
vote  of  13()  to  r)3,  leaves  the  whole  question  of  secession  or  no 
secession  a  barren  field  for  argument.  The  doctrine  of  coercion 
now  stands  at  the  summit  of  the  controversy.  Practically  with 
Arkansas  the  question  is,  whether  she  is  willing  to  contribute 
men  and  money  to  subjugate  her  southern  sisters  to  the  condi- 
tion of  conquered  colonies.     It  she  withdraws,  she  is  lawfully 


4G  JOURNAL    OF 


• 
rfjlieved  at  once  from  the  performances  of  this  onerous  duiv.  If 
f^he  stays  in,  she  must  perform  it,  or  rebel  against  proper  autho- 
rity, and  this,  when  pres^sed  to  suchl  a  necessity,  I  believe  her 
neople  will  do.  Amendments  1o  the  federal  constitution  are 
urged  by  some  as  a  panacea  for  all  the  ills  that  beset  us.  That 
instrument  is  amply  sulhcient  as  it  now  stands,  for  the  protec- 
tion of  southern  rigets,  it  it  was  only  enforced.  Tiie  South 
wants  practical  evidence  of  good  faith  from  the  North,  not  mere 
paper  agreements  and  compromises.  They  believe  slavery  a 
sin,  we  do  not,  and  there  lies  the  trouble. 

AH  confidence  is  lost  ahd  it  is  too  late  to  repair  it.  The  honor 
and  sensibilities  of  southern  men  have  been  trampled  upon  and 
'^  wounded  until  the  two  sections  stand  in  undisguised  antagonism. 
What  house  can  stand  divided  against  itself?  Let  us  then 
separate  in  peace  if  possible;  if  it  not,  then  let  it  be  in  war, 
for  separation  must  come  sooner  or  later,  and  our  danger 
increases  in  magnitude. 

But  with  the  tifteen  slave  states  combined,  as  must  ultimately 
l>e  the  case,  having  a  population  of  12,433,508,  and  compre- 
hending'in  their  area  857;090  square  miles — having  the  exclu- 
.sive  control  of  the  cotton  zone  of  the  world,  with  the  neeessity 
on  the  part  of  Great  Britain,  France  and  other  European  gov- 
ernments of  securing  aliment  for  their  cotton  looms  and  spin- 
dles— the  southern  confederacy  could  not  onl}^  soon  induce  peace 
at  home,  but  exert  an  impcu'tant  inflaence  upon  the  commercial 
interests- of  the  world. 

The  shipping,  mining  and  manufacturing  intei'ests  of  the 
North  could  not  consent  to  lose,  by  incessant  war,  the  advan- 
tages to  be  derived  from  peaceful  and  respectful  intercourse 
v.'ith'the  agricultural  states  of  the  South. 

The  burihen  of  taxation  necessaril}'  imposed  upcn  the  peo- 
ple of  the  new  government,  it  is  said,  must  be  onerous  aiid 
oppressive.  The  expenses  incident  to  a  government  are  pro- 
}>ortionate  to  its  magnitude.  The  government  of  the  United 
States,  when  first  organized,  was  maintained  for  years  at  a 
cost  of  less  than  seven  millions  of  dollars  annually.  The  indi- 
rect annual  tax  paid  by  the  slaveholding  states,  upon  foreign 
importations,  exceed  an  lamount  sufficient  to  maintain  and 
operate  a  southern  confederacy. 

CoUon  is  kitv^,  and  will  open  up  the  channels  of  commerce 
to  every  portion  of  the  civilized  v»'orld,  I'ree  of  cost,  to  the 
country  which  produces  it.  Relieved  of  the  fishing  bounties 
now  paid  by  the  general  government  to  the  northern  states 
exclusively — the  tax  upon  iron  now  given  PenUvsylvania  as  a 
peace  oflering  and  a  gratuity — the  annual  loss  of  slave  pro- 
perty abstruc-rcd  from  the  southern  by  the  northern  states,  it 
may  readily  be  perceived  that  the  new  governnTent  would  be 
less  expensive  to  the  people  than  the  old  one,  kept  up  at  an 


V 

THE    CONVENTION.  47 

annual  expenditure  of  §?G0,000,000.  Then,  as  a  matter  of 
honor — as  a  matter  of  future  security,  happiness,  safety'  and 
inclependcnGe — or  as  a  question  of  dollars  and  cents,  I  am  una- 
ble to  perceive  that  the  slaveholding  states,  by  adhering  to  the 
old  Union  will  consult  their  own  interests,  iirimcuiate  or  pros- 
pective. 

In  expressing-  to  yon  these  views,  neveithcless,  I  wish  it  to  be 
understood  by  all  means,  that  I  offer  thcni  in  all  respect  to  the 
sentiments  entertained  by  other  citizens,  who  see  tho  matter  in 
a  diti'erent  light;  and  I  avail  myself  of  this  occasion  to  say  to 
you,  and  to  the  people  of  Arkansas,  a  majority  of  whom  have 
chosen  nie  as  their  governor,  that  whatever  your  deliberations 
may  result  in,  whether  to  secede  or  adhere  to  the  Union,  s)iall 
be'  executed  b}'  all  the  powers  of  the  government  subject  to 
my  command,  i  cannot  dismiss  the  subject,  however,  with- 
out urging  the  propriety  of  submitting  any  ordinance  that  may 
be  passed  to  the  final  action  of  ihe  people  by  a  direct  vote. 
Their  voice  is  omnipotent  and  ought  to  be  consulted  upon  so 
important  an  event — the  majority  must  rule,  ibi-  their  decision 
is  the  law.  And  if  there  is  anovher  wish  that  I  may  be  per- 
mitted to  express,  it  is,  that  the  people  of  Arkansas,  my  native 
land,  and  the  land  of  my  fathers,  may  unite  in  one  common 
verdict  and  build  up  a  living  rampart  of  freemen, united  in  one 
sentiment,  eschewing  all  geographical  distinctions — seeking  one 
common  destiny  now  and  lorever. 

It  is  not  unbecoming,  I  presume,  that  I  should  narrate  hastily 
the  recent  events  connected  with  the  surrender  of  the  United 
States  arsenal  at  this  place.  In  November  last,  almost  imme- 
diately supervening  my  inauguration,  a  troop  of  sixty  United 
States  artiller}^  was  marched  from  the  borders  of  Kansas, 
v.bere  their  services  were  more  needed,  to  the  Little  II'  ck  arse- 
nal. Such  a  thing  was  unprecedented,  and  1  believed  that  they 
were  sent  here,  contemplating  the  action  of  the  southern  states 
touching  the  proprictyand  right  of  secession.  1  must  Irankly 
admit  that  this  movement  aroused  my  suspicions,  and  met  my 
unqualified  disapprobation,  for  1  knew  full  well  that  their  pre- 
sence would  prove  a  constant  source  of  irritation,  and  in  this  I 
was  not  mistaken.  The  states  of  Louisiana  and  Mississippi 
having  declared  their  independence  of  the  general  government 
early  in  Jauuar}',  and  necessarily  putting  themselves  by  armed 
occupation  in  defiance  of  hostile  invasion  by  the  Mississippi 
livei' — citizens  of  Arkansas  on  the  border  of  that  stream, 
l)ecame  .sensible  of  the  imminent  peril  they  were  in  if  a  col- 
lision ensued.  Every  device  was  by  them  immediately  adopted 
to  procure  arms  at  their  own  cost  for  their  defence.  The  sup- 
ply at  the  North  proved  to  be  inadequate  to  the  demand  from 
the  southern   states — restrictions  were   laid  and  impediments 


4S  JOURNAL    OF 


offered  by  northern  people  against,  the  transportation  of  arras 
south,  and  none  could  be  obtained. 

In  thi3  ptate  ol  insecurity,  a  public  meeting  was  held  in  the 
town  ot  Helena,  expressing  the  opinion  that  it  was  my  duty,  as? 
governor  of  the  state,  to  take  the  arsenal  at  Little  Rock,  offer- 
ing 500  men  to  join  in  the  enterprise.  1  responded  by  tele- 
graph, as  I  had  received  the  intelligence,  that  my  position  \va.s, 
that  the  arms  in  the  arsenal  should  neither  be  removed  nor 
destroyed,  nor  would  I  permit  the  fort  to  be  reinforced  by  fed- 
eral troops.  Considering  a  reinforcement  in  the  heart  of  the 
state  in  titne  ot'  profound  pea,ce  as  tantamount  to  a  declaration 
of  war,  but  until  one  or  the  other  of  these  events  occurred,  I 
should  not  need  the  services  tendered  by  the  people  of  Phillips 
county.  Various  rumors  subsequent  to  this,  seemingly  well 
authenticated,  reached  me  that  United  States  troops  were  on 
their  way  to  Little  Rock  to  reinforce  the  arsenal.  Feeling  that 
if  I  permitted  this  to  be  done,  without  making  an  effort  to  pre- 
vent it,  that  1  should  be  lacking  in  duty,  and  being  anxious  to 
avoid  the  necessity  of  coming  in  collision  with  the  federal 
authorities  whilst  the  state  was  yet  in  the  Union,  I  addressed  a 
communication  to  Capt.  Totten,  commanding  the  arsenal,  to 
the  purport  that  I  could  not  consent  that  the  munitions  of  war 
under  his  command  should  be  removed  or  destroyed,  or  thatthe 
post  should  be  reinforced  by  additional  troops — adding  that  any 
assu^ances  that  he  might  be  able  to  give  me,  touching  the 
observance  of  these  three  points,  would  greatly  tend  to  quiet 
the  public  mind,  and  prevent  a  collision  between  the  citizens 
of  the  state  and  the  federal  authorities. 

The  response  to  this  communication  was,  that  so  far  as  he 
could  or  dare  act,  to  prevent  a  collision,  he  would  act,  but  that 
he  owed  his  allegiance  to  the  federal  government,  and  must 
necessarily  carry  oat  any  orders  made  by  superior  authority, 
that  he  would  lay  my  communication  before  the  secretary  of 
war,  at  Washington,  and  if  permitted,  hdvise  me  of  his  instruc- 
tions. Ten  days  elapsed,  and  no  response  was  communicated 
to  me  from  the  secretary  of  war.  From  this  I  felt  apprehen- 
sive that  reinforcements  were  to  be  sent,  and  was  on  the  look- 
out night  and  day  for  their  arrival. 

in  the  midst  of  this  excitement  and  anxiety,  Mr.  J.  A.  Ash- 
A)rd,  a  highly  respectable  citizen  of  this  place,  a  Kentuckian 
by  birth,  and  a  true  friend  of  the  South,  came  to  my  office  and 
announced  that  he  had  learned  by  current  report  in  Pine  Bluff 
the  day  previous,  that  the  steame.  vS.  H.  Tucker,  ascending  the 
river,  had  on  board  three  or  four  hundred  federal  troops,  des- 
tined for  the  Little  Rock  arsenal.  This  seemed  improbable, 
though  possible  by  all  means,  and  luckily,  before  I  consented 
to  act  upon  his  information,  I  required  him  to  reduce  his  state- 


THE    CONVENTION.  49 

ment  to  writing.  This  he  did  without  hesitation,  and  it  is  now 
on  file  in  my  office.  I  instantly  ordered  cannon  to  be  planted 
on  the  wharf,  to  intercept  the  landing  of  the  troops,  and  dis- 
patched messengers  to  ascertain  the  truth  or  falsity  of  the 
report.  On  Sunday  afternoon,  February  3d,  they  returned, 
reporting  that  there  were  no  troops  on  the  Tucker,  as  had  been 
reported.  I  immediately  ordered  the  cannon  to  be  returned 
and  the  volunteer  force  commanding  them  disbanded. 

The  rumor  spread,  however,  in  various  directions,  and  on 
Tuesday  the  4th,  volunteer  troops  came  in  from  the  counties  of 
Phillips,  .Tefferson,  Prairie,  White,  Monroe,  Hot  Spring,  and 
other  counties,  numbering  some  eight  hundred  men,  with  the: 
avowed  purpose  of  taking  possession  of  the  arsenal.  The 
excitement  became  intense,  the  town  council  of  Little  Rock 
assembled  and  passed  resolutions  expressing  the  opinion  that 
the  demonstrations  made  on  ihe  part  of  the  volunteers,  was 
disrespectful  to  the  executive,  communicating  their  resolves  to 
me  through  a  committee.  In  a  verbal  response,  I  announced 
to  the  committee,  that  I  did  not  so  regard  it,  that  the  people 
were  the  judges  of  their  own  safety,  and  they  deeming  it  neces- 
sary for  their  own  protection,  to  put  the  arsenal  in  the  posses- 
sion of  state  authority,  until  the  people  acted  in  convention, 
was  not,  by  me,  construed  into  disrespect  for  the  constituted 
authorities.  I  advised  the  committee,  however,  that  the  volun- 
teer forces  were  neither  here  by  my  authority,  nor  within  mv 
knowledge.  A  meeting  of  the  citizens  then  took  place,  request- 
ing me  to  demand  the  surrender  of  the  arsenal  by  authority, 
tendering  me  their  aid  and  sympathy  if  I  would  consent  to  do 
so.  To  this  I  assented  cheerfully,  and  after  some  negotiation, 
Capt.  Totten  surrendered  the  post  to  me,  to  be  kept  intact  until 
the  people  of  Arkansas,  through  their  delegates  in  convention, 
should  absolve  me  from  that  trust. 

The  correspondence  referred  to,  is  herewith  submitted  for 
your  examination. 

HENRY  M.  RECTOR, 

Governor  of  Arkansas. 

Which,  together  with  the  address  referred  to,  was  read  and 
received. 

Mr.  Kelley  moved  to  refer  the  message  to  the  committee  on 
state  aflairs. 

Mr.  Cypert  moved  to  amend  by  referring  so  much  of  the 
message  as  referred  to  federal  relations,  to  thd"  committee  on 
federal  relations;  which  amendment  was  accepted,  and  the 
motion  prevailed. 


50  JOURNAL    OF 


Mr.  Thomason  gave  notice  that  on  Monday  next  he  would 
introduce  the  following  additional  rule,  to-wit: 

Rule  39.  The  President  shall  require  that  debatants  confine 
themselves  strictly  to  the  question  pending  before  the  conven- 
tion. 

On  motion  of  Mr.  Stillwell,  the  convention  adjourned  until 
Monday  morning,  10  o'clock. 

DAVID  WALKER, 

President. 


Monday,  March  Wth,  1861. 
Conventio'i  met  pursuant  to  adjournment. 
Prayer  by  Elder  Plattenburg. 
Roll  called. 

present: 

Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin,  Baber, 
Batson,  Bolinger,  Bradley,  Bush,  Bussey,  Campbell,  Carrigan, 
Clingman,  Crenshaw,  Cryer,  Cypert,  Desha,  Dinsmore,  Dodson, 
Dollarhide,  Echols,  Fishback,  Flanagin,  Floyd,  Fort,  Fuller, 
Garland  of  Hempstead,  Garland  of  Pulaski,  Gould,  Grace, 
Griffith,  Gunter,  Hanly,  Hawkins  of  Ashley,  Hawkins  of  Sevier, 
Hill,  Hilliard,  Hobbs,  Hobson,  Jester,  Johnson,  Kelley,  Kennard, 
Lanier,  Laughinghouse,  Mansfield,  Mayo,  Murphy,  Parks,  Pat- 
terson of  Jackson,  Patterson  of  Van  Buren,  Ray,  Rhodes,  Rob- 
inson, Shelton,  Slemons,  Smith,  Smoote,  Stallings,  Stillwell 
Stirman,  Stout,  Tatum,  Thomason,  Totten  of  Arkansas,  Totten 
of  Prairie,  Turner,  Walker,  Wallace,  Watkins,  Williams,  Yell 
and  Mr.  President — 72. 

The  journal  of  Saturday  was  read,  approved  and  signed. 

Mr.  President  laid  before  the  convention  certain  documents, 
relative  to  the  seizure  of  the  United  States  arsenal,  at  Little 
Rock;  which,  on  motion  of  Mr.  Gunter,  were  referred  to  the 
committee  on  state  affairs,  without  being  read.     See  Appendix. 

Motions  and  resolutions  were  in  order. 


THE    CONVENTION.  51 


Mr.  Murphy  presented  the  following 

RESOLUTION:  • 

Resolved,  That  the  oflicers  of  this  convention  be  paid  tlie 
same  per  diem  that  similar  ofiicers  of  the  General  Ast^embly 
received  at  its  late  session,  and  that  the  sergeant-at-arms  receive 
the  same  pay  as  the  door-keeper,  to  be  paid  out  of  the  appro- 
priation maje  by  the  General  Assembly,  to  pay  the  necedsary 
expenses  of  this  convention. 

Mr.    Gould   moved    the   adoption    of   the    resolution;  which 

[notion  was  sustained,  and  the  resolution  accordingly  adopted. 

?ilr.  Robinson  offered  the  following 

RESOLUTION: 

Resoh'ed,  That  it  is  the  deliberate  sense  of  this  convention, 
that  African  negroes,  and  the  descendants  of  the  African  race, 
denominated  slaves  by  all  the  constitutions  of  the  southern 
slaveholding  states,  is  property,  to  all  intents  and  purposes,  and 
ought  of  right  to  be  so  considered  by  all  the  northern  .states, 
being  expressly  implied  by  the  constitution  of  the  United  States, 
and  a  denial  on  the  part  of  the  people  of  the  northern  states, 
of  the  right  of  property  in  slaves  of  the  southern  states,  is,  anil 
of  right  ought  to  be,  sufficient  cause,  if  persisted  in  by  northern 
people,  to  dissolve  the  political  connection  between  said  states. 

Which,  on  motion  of  Mr.  Garland  of  Pulaski,  was  referred 
to  the  committee  on  federal  relations. 

Mr.  Hav^'kins,  of  Ashley,, offered  the  following 

RESOLUTION: 

Resolved,  That  it  is  the  sense  of  this  convention,  that  it  is  the 
duty  of  the  governor  of  the  State  of  Arkansas  to  resist,  by  force 
of  arms,  any  attempt  on  the  part  of  the  federal  government,  to 
levy  men  or  money,  within  the  limits  of,  or  against  said  state, 
for  the  purpose  of  coercing  back  into  the  said  Federal  Union, 
any  one,  or  all  of  the  seceded  states,  for  the  purpose  of  hold- 
ing or  retaking  arsenals  or  forts  in  any  of  said  states,  or  lor  the 
purpose  of  enforcing  the  collection  of  duties  and  imposts  there- 
from. 

Which  resolution,  upon  motion  of  Mr.  Garland,  of  Pulaski, 
was  also  referred  to  the  committee  on  federal  relations. 

Mr.  Thomason  presented  the  following  preamble  and 

RESOLUTIONS: 

We,  the  people  of  the  State  of  Arkansas,  in  convention 
assembled,  in  view  of  the  unfortunate  and  distracted  condition 


52  JOURNAL    OF 

^ ^ 

of  our  once  happy  and  prosperous  country,  and  of  the  alarm- 
ing* distentions  exie^ting  between  the  northern  and  southern 
sections  thereof ;  and  desiring  that  a  fair  and  equitable  adjust- 
ment of  the  same  may  be  made;  do  hereby  declare  the  follow- 
ing to  be  just  causes  of  complaint  on  the  part  of  the  people  ot 
the  southern  states,  against  their  brethren  of  the  northern,  or 
non-slaveholding  states: 

1.  People  of  the  northern  states  have  organized  a  political 
paity,  purely  sectional  in  its  character,  the  central  and  control- 
ling idea  of  which  is,  hosnlity  to  the  institution  of  African 
slavery,  as  it  exists  in  the  southern  states,  and  that  party  has 
elected  a  President  and  Vice  President  of  the  United  States, 
pledged  to  administer  the  government  upon  principles  incon- 
sistent with  the  rights,  and  subversive  of  the  interests  of  the 
people  of  the  southern  states. 

2.  They  have  denied  to  the  people  of  the  southern  states  the 
right  to  an  equal  participation  in  the  benefits  of  the  common 
territories  of  the  Union,  by  refusing  them  the  same  protection 
to  their  slave  property  therein  that  is  aflbrded  to  other  property, 
and  by  declaring  that  no  more  slave  states  shall  be  admitted 
into  the  Union. 

3.  They  have  declared  that  Congress  possesses,  under  the 
constitution,  and  ought  to  exercise,  the  power  to  abolish  slavery 
in  the  territories,  in  the  District  of  Columbia,  and  in  the  forts, 
arsenals  and  dock  yards  of  the  United  States,  within  the  limits 
of  the  slaveholding  states. 

P      4.  They  have,  in  disregard  of  their  constitutional  obligations, 
1   obstructed  the  faithful  execution  ol'  the  fugitive  slave  laws  by 
enactments  of  their  state  legislatures. 

5.  They  have  denied  the  citizens  of  southern  states  the  right 
of  transit  through  non-slaveholding  states  with  their  slaves, 
and  the  right  to  hold  them  while  temporarily  sojourning  therein. 

6.  They  have  degraded  American  citizens  by  placing  them 
upon  an  equality  with  negroes  at  the  ballot-box. 

To  redress  the  grievances  hereinbefore  complained  of,  and  a::> 
a  means  of  restoring  harmony  and  fraternal  good  will  between 
the  people  of  all  the  states,  the  following  amendments  to  the 
constitution  of  the  United  States  are  proposed:  » 

1.  The  President  and  Vice  President  of  the  United  State? 
shall  each  be  chosen  alternately  from  a  slaveholding  and  non- 
slaveholding  state — but,  in  no  case,  shall  both  be  chosen"  frorir> 
slaveholding  or  non-slaveholding  states, 

2.  In  all  the  territory  of  the  United  States  now  held,  or  which 
may  hereafter  be  acquired,  situate  north  of  latitude  8G  deg.  30 
min.,  slavery  or  involuntary  servitude,  except  as  a  punishment 
for  crim.e  is  prohibited  while  such  territory  shall  remain  under 
territorial  government.  In  all  the  territory  now  held,  or  which 
may   hereafter   be    acquired,   south    of  said  line  of  latitude. 


THE    CONVENTION.  53 

^ . 

slavery  of  the  African  race  is  herebj'"  recognizee]  as  existing, 
and  shall  not  be  interfered  with  by  Congres?!,  but  r^hall  be  pro- 
tected as  property  by  all  the  departments  of  the  territorial  gov-- 
ernment,  during  its  continuance.  And  when  any  territory, 
.north  or  south  of  said  line,  within  such  boundaries  as  Congress 
may  prescribe,  shall  contain  the  population  requisite  (or  a 
member  of  Congress,  according  to  the  then  federal  ratio  of 
representation  of  the  people  of  tlie  United  States,  it  shall,  if 
its  form  of  government  be  republican,  be  admitted  into  the 
Union  on  an  equal  footing  with  the  original  states,  with  or 
\\ithoat  slaver}',  as  the  constitution  of  such  new  state  may 
provide. 

o.  Congress  shall  have  no  power  to  legi-late  upon  the  sub- 
ject of  slavery,  except  to  protect  the  citizen  in  his  right  of 
property  in  slaves. 

4.  1'hat  in  addition  to  the  provisions  of  third  paragraph 
of  the  second  section  of  the  fourth  article  of  the  constitution  of 
the  United  States,  Congress  shall  have  power  to  provide,  by 
law,  and  it  shall  be  its  duty  so  to  j)rovide,  that  the  United  States 
shall  pay  to  the  owner,  who  shall  apply  lor  it,  the  full  value  of 
his  fugitive  slave,  in  all  cases,  when  the  marshal,  or  other  offi- 
cer, whose  duty  it  was  to  arrest  said  iugitive,  was  prevented 
Irom  so  doing  by  violence;  or  when,  after  arrest,  said  fugitive 
was  rescued  by  force,  and  the  owner*  thereby  prevented  and 
obstructed  in  the  pursuit  of  his  remedy  for  the  recovery  of  his 
fugitive  slave  undnr  the  said  clause  of  the  constitution'  and  the 
laws  made  in  pursuance  thereof.  And  in  all  such  cases,  when 
the  United  States  shall  pay  for  such  fugitive,  they  shall  have 
the  right,  in  their  own  name,  to  sue  the  county  in  which  said 
violence,  intimidation  or  rescue  was  committed,  and  to  recover 
from  it,  with  interest  and  damages,  the  amount  paid  by  them 
for  said  fugitive  slave.  And  the  said  county,  after  it  has  paid 
said  amount  to  the  United  States,  may,  for  its  indemnity,  sue 
and  recover  from  the  wrongdoers  or  rescuers,  b\^  whom  the 
owner  was  prevented  from  the  recovery  of  his  fugitive  slave, 
in  like  manner  as  the  owner  himself  might  have  sued  and 
recovered. 

5.  The  third  paragraph,  of  the  second  section  of  the  fourth 
article  of  the  constitution,  shall  not  be  construed  to  prevent 
any  of  the  states  from  having  concurrent  jurisdiction  with  tlie 
United  States,  by  appropriate  legislation,  and  through  the  action 
of  their  judicial  and  ministerial  oflicers,  from  enforcing  the 
delivery  of  fugitives  from  labor  to  the  person  to  vi'hom  such 
service  or  labor  is  due. 

i).  Citizens  of  slaveholding  states  when  traveling  through,  or 
temporarily  sojourning  with  their  slaves  in  non-slaveholding 
states,  shall  be  protected  in  their  right  of  property  in  such 
slaves. 


^  .54  JOUi^AL    OF 


7.  The  elective  franchise,  and  the  right  to  hold  office,  whether    } 
^  , federal,  state,  territorial  or  municipal,  phall  not  be  exercised  by 
/  *  persons  of  the  African  race,  in  whole  or  in  part. 
I    7>^^    8.  These  amendments,  and  the  third  paragraph  of  the  second 
4     section  of  the   first   article  of  the   constitution,  and  the  third 
paragraph  of  the  second  section   of  the   fourth  article   thereof, 
shall  not  be  amended  or  abolished,  without  the   consent  of  aH 
t     the  states. 

i         That  the  sense  of  the  people   of  the  United   States   may   be 
^     taken  upon  the  amendments  above  proposed: 
/***        1.  Resolved  hij  the  f  topic  of  Arkansas  -hi  Convention  osse??2hIcd, 
■  -*     That  we  recommend  the  calling  of  a  convention  of  the  states 
of  the  Federal  Union,  at  the  earliest  practicable  day,  in  accord- 
ance with  the  provisions  of  the  fifth  article  of  the  constitutioin 
of  the  United  States. 

2.  Rcsfilved  further.  That  a  committee  of  three  delegates  of 
this  convention  be  appointed,  whose  duty  it  shall  be  to  lay 
before  the  President  and   Congress  of  the   United   States,  and 

..    before  the  governors  and   legislatures  of  the   several  states,  a 
copy  of  these  proceedings. 

3.  Resolved  jiir  I  her.  That  looking  to  the  call  of  a  national 
convention,  as  recommended  in  the  first  resolution  above,  this 
convention  elect  five  delegates  to  represent  the  State  of  Arkan- 
sas in  such  convention. 

4.  Resolved  farther,  That  a  committee  of  five  delegates  of 
this  convention  be  appointed  to  prepare  an  address  to  the  peo- 
ple of  the  United  States,  urging  upon  them  the   importance  of 

•^    a  united  effort  on  the  part  of  the    patriotic  citizens   of  all  sec- 

'^    tion  and  parties  to  save  the  country    from   the   dangers  which 

■  ■jt'    impend  it,  and  which  threaten  its  destruction — and  especially 

to  arrest  the  I'eckless  and  fanatical  spirit  of  sectionalism  north 

and  south,  which,  if  not  arrested,  will  inevitably  involve  us  in  a 

T   bloody  civil  war. 

5       Mr.  Grace  moved  that  the  resolutions  be  received,   and  that 
,  ^   200  copies  be   printed  for  the  use   of  the  convention;  which 

i    motion  prevailed. 
•    ^        Mr.  Grace  presented  the   following   resolution,  which,  upon 
his  motion,  was  referred  to  the  committee  on  federal  relations: 

Resolved,  That  this  convention   recognize    the   right  of  any 
state  to  withdraw  from  the  Federal  Union,  when,  in  the  opinion 
of  such  state,  a  longer  continuance  in  such  Union  will  tend  to 
"^    the  subversion  of  her  constitutional  rights  and  liberties. 

Mr.  Kennard  offered,  as  an  additional  resolution  to  those 
offered  by  Mr.  Thomason,  the  following: 

Resolved  by  the  people  of  the  State   of  Arkansas  in  convention 


THE    CONVENTION.  55 

assembled,  That  we  deem  the  amendaxents  to  the  federal  con- 
stitution proposed  in  the  foregoing  resolutions,  or  amendments, 
substantially  the  same  as  those,  as  necessary  to  the  security  of 
the  people  of  the  southern  states  in  their  rights  to  slave  pro- 
perty, and  that  we  will  make  the  incorporation  of  these  amend- 
ments in  the  constitution,  the  sole  and  only  condition  upon 
which  Arkansas  will  continue  her  connection  with  the  federal 
government. 

Mr.  Floyd  moved  its  reception,  and  that  it  should  be  printed 
with  Mr.  Thomason's  resolutions;  but  after  some  discussionj 
Mr.  Kennard  withdrew  the  resolution. 

Mr.  Thomason  called  up  the  additional  rule  of  which  he  had 
previously  given  notice: 

Mr.  Patterson,  of  Jackson,  moved  to  amend  by  striking  out 
the  word  "  strictly;"  which  amendment  was  accepted,  and  the 
rule  as  amended  was  adopted. 

Reports  from  committees  were  in  (^rder. 

Mr.  Turner,  from  the  committee  on  federal  relations,  made 
the  following 

REPORT: 

Mr.    PRESmENT — 

The  committee  on   federal  relations,  to  which  was  refer- 
red sundry  resolutions,  beg  leave  to  report  the  following: 

1.  Resolved,  That  the  government  of  the  United  States  of 
America  is  a  government  of  consent,  and  can  only  be  admini- 
stered by  the  will  of  the  governed,  legitimately  expressed. 

2.  Resolved  further.  That  the  domination  of  a  local  and  sec- 
tional majority  tends  to  the  despotic  oppression  of  the  minority, 
and  is  contrary  to  the  spirit  and  genius  of  our  government. 

3.  Resolved  further.  That  the  inauguration  of  the  present 
administration  of  the  United  States,  by  the  vote  of  a  sectional 
majority,  is  an  indignity  to  the  southern  states,  grievous  to  be 
borne,  and  of  which  they  justly  complain. 

r"  4.  Resolved  further,  That. any  attempt  on  the  part  of  th« 
federal  government  to  coerce  a  seceding  state,  by  an  armed 
force,  will  be  resisted  by  Arkansas  to  the  last  extremity. 

5th.  Resolved  further,  That  we  solemnly  protest  against  the 
quartering  of  United  States  troops  in  any  of  the  forts,  arsenals 
or  dock-yards,  in  any  of  the  southern  states,  for  the  purpose  of 
coercing  any  of  the  states  that  have  seceded  from  the  Federal 
Union,  or  for  the  purpose  of  preventing  others  from  withdraw- 
ing from  the  same,  without  the  consent  of  the  state  in  which 
such  forts,  arsenals,  or  dock-yards  may  be  situated,  while  the 
United  States  is  at  peace  with  other  nations. 


56  JOURNAL    OF 


/-  6th.  Resolved  jurthtr,  That  the  execution  of  the  federal  laws 
7  in  the  seceded  states,  in  the  collection  of  revenues  and  duties, 
by  other  means  than  the  local  and  civil  authorities,  or  the  re- 
capturing of  the  forts,  arsenals,  and  other  property  of  the  fede- 
ral government  in  the  seceded  states,  by  an  armed  force,  would 
be  coercion. 

All  of  which  is  respectfully  submitted. 

TURNER,    Chairvian. 

Which  was  read  and  received. 

Mr.  Desha  offered  the  following  amendment: 
Resolved,  That  we  earnestly  and  respectfully  remonstrate 
against  our  sister  border  siates  taking  any  part  in  any  action 
on  the  part  (>f  the  federal  government  tending  towards  a  re- 
capture or  retaking  of  any  of  the  forts,  arsenals  or  dock-yards 
in  any  of  the  seceded  states,  but  we  earnestly  hope  that  they 
will  firmly  maintain  a  pacificatory  course  and  use-  every  patri- 
otic and  manly  effort  to  bring  about  an  honorable  and  amicable 
adjustment  of  our  present  difficulties  and  to  restore  peace  and 
harmony  to  the  country. 

Mr.  Adams,  of  Phillips,  also  offered  the  following  as  an 
amendment  to  the  report  of  the  committee: 

Resolved,  That  the  State  of  Arkansas  will  take  and  hold  the 
possession  of  the  arsenal  at  Little  Rock,  and  will  not  permit 
any  force  of  the  United  States  to  be  quartered  or  placed  therein. 

Mr.  Kelley  moved  its  reference  to  the  committee  on  federal 
relations. 

Mr.  President  announced  that  the  hour  for  resolutions  having 
passed,  the  proposed  amelidments  would  lie  on  the  table. 

Mr.  Kennard,  from  the  committee  on  elections,  made  the  fol- 
lowing 

REPORT: 

Mr.  President — ■ 

Your  committee,  to  whom  was  referred  a  communica- 
tion from  his  excellency,  the  governor,  in  which  he  declines  to 
issue  his  proclamation  to  the  sheriff  of  Fulton  county,  to  hold 
an  election  to  elect  a  delegate  from  said  county  to  this  conven- 
tion, in  accordance  with  a  resolution  passed  by  the  convention, 
have  had  the  same  under  consideration,  and  respectfully  report 
as  follows: 

Your  committee  are  unable  to  perceive  the  force  of  the  rea- 
soning by  which  his  excellency  seeks  to  avoid  the  performance 
of  the  duty  enjoined  upon  him  by  the  resolution  referred  to. 


THE    CONVENTION.  57 


His  excellency  "  perceives  no  authority  under  the  constitution 
or  laws  of  this  state,  by  which  he  is  authorized  to  issue  a  pro- 
clamation requiring  an  election  to  be  held  for  a  delegate  to  the 
convention,  on  any  other  than  the  18th  day  of  February."  He 
communicates  the  important  information  that  "  a  proclamation 
issued  by  him,  vrithou.t  lav;,  requiring  a  subordinate  ofiicer  to  dv> 
an  act  which  t/ie  people  have  not  authorized  him  nor  the  governor 
to  perform,  will  trench  upon  their  reserved  rights,  and  savor 
strongly  of  usurpation." 

It  appears  to  your  committee  that  this  convention  being,  in 
legal  contemplation,  the  whole  people  of  the  state,  and  the 
governor  being  the  servant  of  the  people,  a  resolution  of  this 
convention  is  as  high  a  sanction  as  his  excellency,  or  any  other 
state  ollicer,  could  have,  or  should  desire,  for  any  act  required 
of  him,  especially  for  any  act  necejsary  to  the  objects  contem- 
plated by  the  assembling  ol  the  people  in  convention.  And  if 
his  excellency  did  not  hesitate  to  obey  the  direction  of  the 
legislature,  contained  in  the  act  calling  this  convention,  and 
did  issue  his  proclamation,  in  accordance  with  the  provisions 
of  said  act,  for  an  election  to  be  held  on  the  18th  day  of  Feb- 
ruary, by  how  much  this  convention  exceeds  an  ordinary  legis- 
lature, in  power  and  airthority,  with  so  much  the  more  reason 
and  propriet}-  should  he  obey  the  direction  of  the  convention, 
contained  in  the  resolution  referred  to.  And  further,  your  com- 
mittee are  of  opinion  that,  if,  as  his  excellency  suggests,  the 
right  to  order  and  make  provision  for  holding  this  election,  "  is 
within  the  scope  of  powers  resting  in  the  convention,"  beyond 
question,  to  make  that  power  available,  for  the  end  desired,  the 
convention  may  require  of  the  governor,  or  of  any  other  ofhcer 
of  the  state,  the  exercise  of  any  authority  reposed  in  him  by 
law,  as  in  ordinary  cases. 

His  excellency  having  volunteered  a  disquisition  on  the 
nature  of  government,  in  which  he  announces  the  novel  doc- 
trine that,  "  It  is  the  prerogative  of  the  people  to  form  and 
remodel  governments — the  duty  of  the  legislature  to  enact  the 
laws,  with  a  judiciar}'  to  expound,  an*  an  executive  to  enforce 
them;"  your  committee,  on  behalf  of  the  convention,  would 
venture  to  suggest  to  him  another  important  corollary  to  these 
propositions,  which  may  have  escaped  his  observation,  vizfthat 
a  convention  of  the  people  is  supreme  over  all  the  departments 
of  government  providetl  for  by  the  organic  law  of  the  state, 
that  all  ollicers  provided  for  by  law  are  but  servants  to  the 
people,  and  the  people  have  a  right  to  require  of  them  the  per- 
formance of  any  duties  within  their  appropriate  and  designated 
spheres  of  action.  And  further,  if  the  people  may  "  form  and 
remodel  governments,"  they  may  alter  or  abolish  ofhccs  also, 
and  their  will  is  the  tenure  by  which  all  offices  are  held. 

His  excellency  doubts  the  power  of  the  convention  "  to  em- 


58  JOURNAL    OF 


power  the  governor  to  perform  a  ministerial  aot,"  and  so  inti- 
mates that  the  act  required  of  him  by  the  resolution  referred  to, 
is  a  ministerial  act.  Without  proposing  to  discuss  such  a  tech- 
nicality, your  committee  would  simply  remark,  they  cannot 
perceive  how  any  material  distinction  can  be  made  between 
issuing  the  proclamation  required  in  this  case,  and  issuing  a 
similar  one  in  any  other  case  provided  for  bj""  law;  or  why  the 
people,  in  convention  assembled,  may  not,  in  that  capacity, 
impose  a  duty  upon  the  governor,  as  well  as  by  legislative 
enactment,  or  by  a  constitutional  provision. 

In  view  of  these  considerations,  your  committee  are  of  opin- 
ion that  his  excellency  has  acted,  if  not  in  disregard  of  the 
authority,  at  least  under  a  strange  misconception  of  the  power 
of  this  convention,  and  of  the  principles  involved  in  the  ques- 
tion of  duty  presented  to  him  by  said  resolution. 

In  order,  therefore,  that  his  excellency  may  distinctly  under- 
stand that  the  convention  dissents  from  the  views  expressed  ia 
his  communication,  and  may  be  assured  of  the  wishes  of  the 
convention,  in  the  premises,  your  committee  recommend  the 
adoption  of  the  following 

RESOLUTIONS: 

Resolved,  That  his  excellency,  Henry  M.  Rector,  governor  of 
the  State  of  Arkansas,  be,  and  he  is  hereby  authorized  and 
requested  to  issue  his  proclamation  to  the  sheriff  of  Fulton 
county,  requiring  him  to  hold  an  election  in  said  county,  on 
Monday,  the  1st  day  of  April  next,  in  accordance  with  the  pro- 
visions of  the  act  of  the  General  Assemblj"  calling  this  conven- 
tion, for  the  purpose  of  electing  one  delegate  from  said  county 
to  this  convention. 

Resolved  further,  That  the  secretary  of  this  convention  be, 
and  he  is  hereby  instructed  to  place  a  copy  of  the  foregoing 
report  and  resolution  in  the  hands  of  the  governor  forthwith. 

KENNARD,   Chairman. 

Which  was  read  and  received. 

Mr.  Yell  suggested  an  amendment  to  the  first  resjiution,  by 
authorizing  the  president  to  issue  an  order  for  holding  said 
election. 

Mr.  Murphy  objected. 

Mr.  Kelley,  from   a  select  committee,  made  the  following 

REPORT: 

Mr.  President — 

Your  committee,  appointed  to  confer  with  the  ministers 
of  the  gospel  resident  in  this  city,  and  request  them  to  open 
the  sessions  of  this  convention  with  prayer,  have  performed 


THE    CONVENTION.  59 


their  dut}^,  and  report  that  such  ministers  have  agreed  that  one 
of  their  number  will  be  pret^ent  to  oliiciate  each  morning  dur- 
ing the  session. 

KELLEY,   Cfiuii-maa. 

Which  was  read  and  received. 

The  unfinished  business  on  the  calendar  was  then  taken  up. 

On  request  of  Mr.  Floj'd,  Mr.  Carrigan  withdrew  his  motion 
to  postpone  the  consideration  of  ordinance  No.  1,  in  order  that 
it  might  be  referred  to  the  committee  on  ordinances;  which,  on 
motion  of  iMr.  Floyd,  was  done. 

Mr.  President  etated  that  the  proposition  to  postpone  the 
consideration  of  the  resolution  introduced  by  Mr.  Echols,  would 
be  in  order. 

After  considerable  debate,  the  convention,  on  motion  of  Mr. 
Turner,  adjourned  until  to-morrow  morning  10  o'clock. 

DAA'ID  WALKER, 

President. 


Tuesday,  March   12th   18G1. 
Convention  met  pursuant  to  adjournment. 
Prayer  by  Rev.  Mr.  Wheat. 
Roll  called. 

r  R  E  .S  E  N  T  : 

Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin,  Baher, 
Batson,  Bolinger,  Bradley,  Bush,  Bussey,  Campbell,  Cariigan. 
Clingman,  Crenshaw,  Cryer,  Cypert,  Desha,  Dinsmore,  Dod- 
son,  Uollarhide,  Echols,  Fishback,  Flanagin,  Flojid,  Fort,  Fuller, 
Garland  of  Hempstead,  Garland  of  Pulaski,  Gould,  Grace, 
Griffith,  Gunter,  Hanly,  Hawkins  of  Ashley,  Hawkins  of  Sevier. 
Hill,  Hilliard,  Hobhs,  Hobson,  Jester,  .Johnson,  Kelley,  Ken- 
nard,  Lanier,  LaugKinghouse,  Mansfield,  Mayo,  Murphy,  Parks, 
Patterson  of  Jackson,  Patterson   of   A  an    Buren,   Ptay,  Rhode  , 

Robinson,  Shelton,  Siemens,  Smith,  Smoote,  Stallings,  Stillwell, 


\ 
GO  JOURNAL    OF 


Stirman,  Stout,  Tatum,  Thomason,  Totten  of  Arkansas, Totten 
oi"  Prairie,  Turner,  Walker,  Wallace,  Watkins,  Williams,  Yell 
and  Mr.  President — 73. 

Tlic  journal  of  yesterday  was  read,  approved  and  signed. 

Motions  and  resolutions  were  in  order. 

Mr.-Fisback  offered  the  following 

RESOLUTION: 

■  R:S!)lvcd,  That  the  president  of  this  convention  be,  and  he  is 
here!)}'  authorized  to  appoint  one  commissioner  to  each  of  the 
^laveholding  states,  to  request  their  co-operation  in  an  ellort, 
through  a  national  convention,  to  secure  an  adjustment  of  our 
political  troubles,  upon  the  basis  of  the  resolutions  offered  by 
Mr.  Thomason  on  yesterday. 

Mr.  Mayo,  offered  the  following  resolutions,  as  an  additional 

amendment  to  those  of  Mr.  Thomason: 

Resolved,  Isf..  That  whereas,  the  power  of  the  government 
oi  the  United  States  has  passed  into  the  hands  of  a  stricti}' 
!>ectional  majority,  who  have  manifestf^  an  intention  to  render 
the  commerce  of  the  South  subservien*o  the  interests  of  the 
North;  the  opinion  of  this  convention  is,  that  if  is  positively 
n»-cessary  for  the  security  of  the  South  that  the  aforesaid  gov 
ernment  be  forever  prohibited,  by  a  constitutional  enactment, 
from  levying  an  impost  beyond  a  strictly  revenue  point,  not  to 
exceed  25  per  cent,  in  any  one  case. 

Resolved,  2d.  That  whereas,  abolition  incendiaries  are  at- 
tempting to  corrupt  the  minds  of  the  Indians  upon  our  frontier, 
and  stirring  them  up  to  hatred  of  the  people  of  the  South  — 
there  should  be  an  amendment  to  the  constitution  making  such 
acts  felony. 

Resolved,  3d.  That  having  attempted,  time  and  again,  to 
obtain  an  acknowledgment  of  our  rights  in  this  manner,  and 
having  been  repulsed  as  often  as  attempted,  we  are  determined 
to  make  common  cause  with  our  sister  seceding  states  to  main- 
tain our  rights  and  liberties. 

Resolved,  Alk.  Whereas,  certain  designing  enemies  of  our 
country's  cause  have  attempted  to  poison  the  r.-.inds  of  the  peo- 
l)le  by  chargiiig  upon  the  advocates  of  southern  rights  an 
attempt  to  build  up  a  government  founded  upon  property  quali- 
fication, by  the  abandonment  of  principle;  we  denounce  to  the 
world  our  disbelief  in  any  such  attempt,  as  neither  being  founded 
in  reason   or  fact. 

Mr.  Totten  of  Arkansas,  by  leave,  moved  the  printing,  both 
of  the  resolution   ofTered  by  Mr.   Fishback,  and  those  of  Mr. 


THE    CONVENTION.  61 


JMayo,  in  connection   with  tho.-'o  offered  by  'Mv.  Tho mason  on 
yesterday,  which  motion  prevailed. 

There  being  no  other  regular  business  before  the  convention, 
on  motion  of  Mr.  Watkins,  the  .-pecial  order  of  the  day,  beini; 
the  resolution  offered  by  ]Mr.  Adams,  of  Phillips,  relative  to 
instructing  the  committee  on  ordinances  to  prej)are  an  ordi- 
nance for  the  immediate  and  unconditional  secession  of  the 
State  of  Arkansas  from  the  Federal  Union,  and  report  the  same 
to  this  convention,  was  taken  up  and  read. 

An  animated  discussion  ensued,  which  was  participated  in 
by  Messrs.  Slemons,  Smoote,  Cypeit  and  Johnson;  and  at  the 
close  of  the  remarks  of  JMr.  Johnson,  on  motion  of  Mr.  Echols, 
the  convention  adjourned  until  to-morrow  morning  at  9  of  the 
clock. 

DAVID  WALKER, 

President.. 


-«jeS- -. -«  <B»  »- ► 


Wednrsdav,  March   13,   ISGl. 

Convention  met  pursuant  to  adjournment. 

There  being  no  minister  in  attendance,  the  opening  prayer 
was  omitted.  / 

Roll  called. 

r  R  r:  s  v.  y  r  : 

Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin,  Baher. 
Batson,  Bolinger,  Bradley,  Bush,  Bussey,  Campbell,  Canigan; 
Clingman,  Cryer,  Cypert,  Desha,  Dinamore,  Dodson,  Dollarhide, 
Echols,  Fishback,  Flanagin,  Floyd,  Fort,  Fuller,  Garland  of 
Hempstead,  Garland  of  Pulaski,  Gould,  Grace,  Griiiith,  Gun- 
ter,  Ilanly,  Hawkins  of  Ashley,  Hawkins  of  Sevier,  Hill,  Hil- 
liard,  Hobbs,  Hobson,  Jester,  Johnson,  Kelly,  Kennard,  Lanier, 
Laughinghouse,    Mansfield,   Mayo,    Murphy,  Parks,  Patterson 


62  JOURNAL    OF 


of  Jackson,  Patterson  of  Van  Bnien,  Ray,  Rhodes,  Robinson, 
Shelton,  Slemons,  Smith,  Smoote,  Stallings,  Stillvvell,  Stirman, 
Stout,  Tatum,  Thomason,  Totten  of  Arkansas  Totten  of  Prai- 
rie, Turner,  Walker,  Wallace,  Watkins,  Williams,  Yell  and  Mr. 
President — Gl. 

Journal  of  yesterday  read,  approved  and  signed. 

Mr.  President  laid  before  the  convention  the  petition  of  62 
citizens  of  Washington  county,  praying  that  the  Crittenden 
propositions  may  be  accepted  by  this  convention  as  the  basis  of 
a  settlement  of  the  present  difficulties. 

Mr.  Robinson  asked  and  obtained  leave  of  absence  for  Mr. 
Crenshaw,  on  account  of  indisposition. 

On  request  of  Mr.  Grace,  the  use  of  the  hall  was  granted  to 
Hon.  Robert  W.  Johnson,  to  deliver  an  address  to-night. 

Motions  and  resolutions  were  in  order. 

Mr.  Echols  offered  the  following 

RESOLUTIONS: 

Whereas,  The  remarkably  strong  Wnion  sentiment  which 
prevails  in  this  convention,  leaves  us  no  hope  of  the  secession 
of  the  State  of  Arkansas  from  the  Federal  Union,  which  was  a 
hdessing  under  Washington,  but  a  curse  under  Lincoln.  And 
Vvhereas,  This  convention  is  consuming  a  considerable  amount 
of  the  state  funds,  with  no  hope  of  obtaining  value  received; 
and  whereas,  the  predominating  sentiment  of  this  convention 
seems  to  be  submission  to  the  administration  of  Lincoln; 
therefore, 

Be  it  resolved.  That  this  convention  is  a  nuisance,  and  should 
be  adjourned  sine  die  immediately. 

Resolved  furt/ie?-,  That  the  people  be  requested  to  take  their 
destiny  in  their  own  hands,  and  determine  to  live  as  freemen, 
or  die  as  soldiers. 

Resolved  further.  That  as  liberty  or  death  was  the  rallying 
cry  of  George  Washington,  it  should  be  that  of  the  Socth. 

Mr.  Kelie}  moved  to  postpone  the  resolutions  indefinitely. 

Mr.  Turner  moved  to  reject  the  resolutions. 

Mr.  Garland  of  Hempstead  moved  that  the  convention  refuse 
to  receive  the  resolutions. 

The  question  was  put  on  the  motion  to  reject,  which  motion 
prevailed,  and  the  resolutions  were  thereby  rejected. 

Mr.  Laughinghouse  offered  the  following  preamble  and 


THE    CONVENTION.  6t5 

RESOLUTIONS: 

Whereas,  It  has  been  charged  by  certain  persons  that  the 
object  and  intent  of  the  secessionists  are  to  build  up  a  govern- 
ment founded  upon  property  qualification,  at  the  sacrifice  of 
principle,  which  is  untrue,  and  not  founded  in  reason  or  i'act. 

Resolved,  That  this  convention  will  not  indorse  such  heresies, 
and  are  willing  so  to  express  themselves  by  disapproving  of 
such  doctrines. 

Mr.  Laughinghouse  moved  their  adoption. 

Mr.  Flan  agin  called  for  the  yeas  and  nays. 

Mr.  Watkins  called  for  a  division  ol  the  question. 

Mr.  Hobson  offered  the  following  amendment: 

Resolved,  That  this  convention  is  totally  indifferent  to  what 
outsiders  and  ultraists  express  of  its  action  or  intentions,  and 
feels  no  interest  in  any  rumor  irrelevant  to  the  purpose  for 
which  it  was  convened. 

Mr.  Flanagin  offered   the   following   as  a  substitute  for  the 

resolution: 

Resolved,  That  the  tone  basis  of  all  republican  government  is 
that  representation  sn6uld  be  apportioned  amongst  the  people 
according  to  population,  and  not  according  to  the  value  of 
taxable  property,  and  that  no  property  qualification,  lor  any 
purpose  should  ever  be  established. 

After  some  discussion,  Mr.  Laughinghouse,  on  leave,  with- 
drew his  resolution. 

Mr.  Garland  of  Hempstead  offered  the  following 

RESOLUTION: 

Resolved,  As  the  sense  of  this  convention,  that  the  people  of 
Aritansas  prefer  a  perpetuity  of  this  Federal  Union  to  its  dis- 
memberment or  disruption — provided  it  can  be  perpetuated  upon 
a  basis  rcco^^nizing  and  guaranteeing  equal  rights  and  priviler^es 
to  every  state  in  the  Union  south  as  well  as  north. 

Mr.  Stillwell  pioved  its  adoption. 

Objections  being  made,  the  resolution  was  received  and 
placed  on  the  calendar. 

Mr.  Watkins  moved  that  the  convention  take  up  Mr.  Thoma- 
son's  resolutions: 

Mr.  Watkins  afterwards  amended  his  motion  by  making  said 
resolutions  the  special  order  for  to-morrow  morning  10  o'clock. 

Mr.  Thomason  moved  to  amend  the  resolution  introduced  by 


64  JOURNAL    OF 


Mr.  Adams  of  Phillips,  instructing  the  committee  on  ordinances 
to  report  an  ordinance  for  the  immediate  and  unconditional 
secession  of  Arkansas  from  the  Federal  Union:  and  instructing 
them  to  report,  in  its  stead,  the  resolutions  introduced  by  him 
on  Monday. 

Mr.  Watkins  withdrew  his  motion. 

Mr.  Ilanly  offered  to  amend  the  resolution  of  Mr.  Thoma- 
son,  by  striking  out  all  after  the  preamble,  and  inserting  an 
ordinance  which  he  then  introduced,  entitled  an  ordinance  to 
dissolve  the  Union  between  the  State  of  Arkansas  and  ihe 
other  states  united  with  her,  under  the  compact  known  as  the 
"  Constitution  of  the  United  States  of  America,"  and  that  the 
committee  take  into  coni^ideration  the  resolution  of  Mr.  Adams 
of  Phillips,  the  resolution  af  Mr.  Thomason,  and  the  ordinance 
just  introduced,  and  report  on  them  together. 
AN    ORDINANjCE, 

To  dissolve  ike  Union  hdueen  the  '^t^  of  Arkansas  and  the 
oilier  States  united  with  her  under  tn§  compact  entitled  "  The 
Constitution  of  the  United  States  of  America." 
Section  1.  We,  the  people  of  the  State  of  Arkansas,  in  con- 
vention assembled,  do  declare  and  ordain,  and  it  is  hereby 
declared  and  ordained,  that  the  ordinance  adopted  by  the  Gene- 
ral Assembly  of  t:  is  state,  on  the  eighteenth  day  of  October, 
Anno  Domini,  one  thousand,  eight  hundred  and  thirty-six, 
whereby  the  propositions  set  forth  in  an  act  of  the  Congress  of 
the  Unitef^  States,  entitled  "  an  act  supplementary  to  an  act 
cMititled  '  an  act  for  the  admission  of  the  State  of  Arkansas  into 
the  Union,  and  to  provide  for  the  due  execution  of  the  laws  of 
the  United  States  within  the  same,  and  for  other  purposes,"' 
approved  the  twenty-third  day  of  June,  Anno  Domini,  one  thou- 
sand, eight  hundred  and  thirty-six,  and  also  all  acts  and  parts 
of  acts  of  the  General  Assembly  of  this  state  on  the  same  sub- 
ject, and  recognizing  the  connection  of  this  state  with  the  U. 
S.  of  America,  under  the  compact  entitled  "  The  Constitution 
of  the  United  States  of  America,"'  are  hereby  repealed;  and 
that  the  union  now  subsisting  between  the  State  of  Arkansas 
and  the  other  states,  under  the  name  of  "  The  United  States  of 
America,''  is  hereby  dissolved,  and  all  the  powers  and  authority 
heretofore  conferred  by  this  state,  in  manner  aibresaid,  to  the 
United  States  of  America,  are  hereby  resumed  by  this  state, 
and  the  people  thereof. 

Sec.  2.  That  the  provisions  above  set  sorth,  are  not  to  be  in 
force  or  take  eflect  until  the  same  shall  have  been  approved  by 


THE    CONVENTION.  65 

the  people  of  this  state,  to  be  expressed  and  ascertained  in  the 
manner  hereinafter  provided,  that  is  to  say;  the  president  ot 
this  convention  shall  forthwith  issue  a  proclamation  ordering 
an  election  in  all  the  counties  in  (his  state,  submitting  to  the 
people  the  question  of  "  Approval"  or  "  Disapproval,"  of  this 
ordinance,  and  the  provisions  thereof;  the  said  election  to  be 
held  on  the  first  Saturday  of  iNIay,  Anno  Domini,  18G1,  which 
election  shall  be  held  at  the  same  places,  and  be  conducted  in 
the  same  manner,  and  governed  by  the  same  laws,  that  state 
elections  are  now  conducted  and  governed;  Provided,  That  the 
sheriffs  of  the  several  counties  shall  be  required  to  give  only 
ten  days'  notice  of  said  election. 

Si^c.  3.  That  the  ballots  or  tickets  to  be  used  and  voted  at 
Fuch  election,  shall  be  indorsed,  "  approval"  or  ''  disapproval," 
trom  which  a  count  shall  be  made,  and  the  question  determined 
respecting  this  ordinance  as  aforesaid. 

That  the  judges  of  said  election  shall  make  returns  thereof 
to  the  clerks  of  their  respective  county  courts,  who  shall  open 
and  compare  the  same  as  noiv  required  by  law,  and  make  an 
abstract  of  the  votes  given,  v.'hich  shall  be  filed  in  his  oifiv^e. 

Sec.  4.  That  each  clerk  of  the  county  court,  immediately 
after  the  e\amination||and  comparison  of  the  returns  aforesaid, 
shall  deposit  in  the  post  office  at  his  county  seat,  a  certified 
copy  of  the  abstract  filed  in  his  office  of  the  returns  of  such 
election,  directed  to  the  secretary  of  state  at  the  seat  of  gov- 
ernment. 

Si:c.  5.  If  there  shall  be  a  failure  to  receive  any  of  the 
returns  of  such  election  at  the  seat  of  government  for  two  mails 
after  the  same  is  due,  the  secretary  of  state  shall  dispatch  a 
messenger  to  the  county  from  which  returns  have  not  been 
received,  with  directions  to  bring  up  such  returns  or  copies 
thereof. 

Sec.  G.  That  it  shall  be  the  duty  of  the  secretary  of  btate,  in 
the  presence  of  the  governor,  auditor,  treasurer,  and  judges  of 
the  supr'ime  court,  or  any  three  or  more  of  said  officers,  within 
thirty  days  after  the  time  herein  allowed  to  make  returns  of 
such  election,  or  sooner,  if  all  the  returns  have  been  received, 
1o  cast  up  and  arrange  the  votes  from  the  several  counties,  or 
such  of  ihem  as  have  made  returns,  and  make  out  and  file  in 
his  office  an  abstract,  showing  the  number  of  votes  cast  for 
'approval,"  and  the  number  of  votes  cast  for  "disapproval," 
and  if  it  shall  appear  from  said  returns  that  a  majority  of  all 
tlie  votes  cast  shall  be  for  "  approval,"  then,  and  in  that  event, 
the  governor  of  this  state  shall  forthwith  issue  a  proclamation, 
declaring  said  fact,  and  cause  the  same  to  be  published  in  five 
o"  more  newspapers  in  this  state,  from  and  after  which  procla- 
mation, this  ordinance  shall  be  taken  and  held  to  be  in  full  force 
and  efTect,  as  if  no  condition  had  been  annexed  thereto;  but  if, 


06  JOURNAL    OF 


on  the  contrary,  a  majority  of  eaid  ^votes  shall  be  for  "di.^ap- 
proval,"  then,  and  in  that  event,  tliis  ordinance  shall  be  taken' 
and  held  as  if  the  same  had  never  been  pat?scd. 

Mr.  President  stated  the  question  to  be  on  the  airicndment 
proposed  to  the  resolutions  of  Mr.  Adams  of  Phillips,  by  Mr. 
Thomason,  and  the  amendment  of  Mr.  Hanly  to  the  amend- 
ment of  jMr.  Thomason. 

JMr.  Manly  moved  that  the  consideration  of  said  questions 
be  made  the  special  order  for  to-day. 

Mr.  Totten  of  Prairie,  moved  that  they  be  made  the  special 
order  for  2.V  o'clock;  which  motion  was  lost. 

On  m.otion  of  Mr.  Garland  of  Hempstead,  it  was  ordered 
that  200  copies  of  the  ordinance  introduced  by  Mr.  Hanly,  be 
])]-inted  for  the  use  of  the  convention. 

Mr.  Floyd  moved  that  the  convention  take  a  recess  until  'si 
o'clock;  on  which  motion,  Mr.  Kelley  called  for  the  yeas  and 
nays,  and  Mr.  Floyd  then  withdrew  his  motion. 

i\Ir.  Fishback  moved  to  adjourn  until  2y  o'clock,  but  after- 
ward? withdrew  his  motion. 

]\Ir.  Grace  then  moved  to  take  a  recess  until  2^  o'clock;  which 
motion  prevailed  ondivi.-ion. 


2-|-  o'clock. 

Convention  met. 

Roll  called. 

p  r.  s  s  E  ?J  T  , 

Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin.  Baber, 
Batson,  Bolinger,  Bradley,  Bush,  Campbell,  CarrigRti,  Cling- 
man,  Cryer,  Cypert,  Desha,  Dinsmore,  Dodson,  Dollarhide, 
Echols,  Fishback,  Flanagin,  Floyd,  Fort,  Fuller,  Garland  of 
Hempstead,  Garland  of  Pulaski,  Grace,  Grifnth.  Gunter,  Hanly, 
Hawkins  of  Ashley,  Hawkins  of  Sevier,  Hill,  Hilliard,  Hobbs, 
Hobson,  Jester,  Kelley,  Kennard,  Lanier,  Laughinghouse,  Mans- 
field, Mayo,  Murphy,  Parks,  Patterson  of  Jackson,  Patterscn  of 


THE    CONVENTION.  67 

Van  Buren,  Ray,  Rhodes,  Robinson,  Shelton,  Slemon?,  Smith, 
Smootc,  Stallings,  Stillwell,  Stirman  Stout,  Tatum,  Thomason, 
Totten  of  Arkansas,  Totten  of  Prairie,  Turner,  Walker,  Wal- 
lace, Watkins,  Williams,  Yell  and  Mr.  President — G8. 

The  discussion  relating  to  the  proposed  amendments  to  the 
resolution  of  Mr.  Adams  of  Phillips,  and  those  proposed  t<2  the 
resolutions  of  Mr.  Thomason,  was  commenced  b}'  Mr.  Grace. 

After  a  spirited  discussion,  participated  in  by  IMessrs.  Grace 
and  Flanagin,  on  motion  of  Mr.  Yell,  the  convention  adjourned 
until  9  o'clock,  to-morrow  morning. 

DAVID  WALKER, 

President. 


Thursday,  March  lilh,  ISOl. 
Convention  met  pursuant  to  adjournment. 
Prayer  by  Rev.  Mr.  Welch. 
Roll  called.  ♦ 

PRESENT. 

Messrs.  Adams  of  Phillips,  Austin,  Baber,Batson,  Bolinger, 
Bradley,  Bush,  Bussey,  Campbell,  Carrigan,  Clingman,  Cryer,- 
Cypert,  Desha,  Dinsmore,  Dodson,  Dollarhide,  Ecbols,  Fish- 
back,  Flanagin,  Floyd,  Fort,  Fuller,  Garland  of  Hempstead, 
Garland  of  Pulaski,  Gould,  Grace,  Griffith,  Gunter,  Hanly,  Haw- 
kins of  Ashley,  Hawkins  of  Sevier,  Hill,  Hilliard,  Hobbs,  Hob- 
son,  Jester,  Johnson,  Kelley,  Kennard,  Lanier,  Laughinghouse, 
Mansfield,  Mayo,  JMurphy,  Parks,  Patterson  of  Jackson.  Patter- 
son of  Van  Buren,  Ray,  Rhodes,  Robinson,  Shelton,  Slemons, 
Smith,  Smoote,  Stallings,  Stillwell,  Stirman,  Stout,  Tatum, 
Thomason,  Tetten  of  Arkansas,  Totten  of  Prairie,  Turner, 
Walker,  Wallace,  Watkins,  Williams,  Yell  and  Mr.  Preei- 
dent— 70. 


G8  JOURNAL    OF 


Mr.  Austin  asked  and  obtained  leave  of  absence  for  Mr. 
Adams  of  Izard,  on  account  of  indis^poyition. 

The  journal  of  yesterday  was  read,  approved  and  signed. 

JNIr.  Mansfield,  on  leave,  moved  that  the  resolution  introducd 
heretofore,  by  JMr.  Adams  of  Phillips,  in  relation  to  the  arsenal 
at  Jjittle  Rock,  be  referred  to  the  committe  on  state  affairs; 
Avhich  motion  prevailed,  and  the  resolution  was  accordingly 
referred. 

Mr.  Carrigan  then  moved  that  the  report  of  the  committee 
on  elections  be  taken  up,  which  motion  prevailed,  and  the 
report  was  read  for  information. 

Mr.  Patterson  moved  that  the  report  be  laid  on  the  table,  on 
which 

Mr.  Murphy  called  for  the  yeas  and  nays. 

Mr.  Garland  of  Pulaski,  offered  the  following  as  a  substitute 
for  said  report: 

Resolved,  That  the  president  of  this  convention  be,  and  he  is 
hereby  required  to  forthwith  issue  a  pr^lamation  for  an  elec- 
tion to  be  held  in  the  county  of  Fulton,  for  a  delegate  to  this 
convention,  which  election  shall  take  place  on  the  first  Monday 
in  April  next,  and  such  proclamation  shall  require  the  sheritf 
of  said  county  to  give  ten  days'  notice  of  such  election. 

Mr.  Patterson  then  withdrew  his  motion  to  lay  the  report  on 
the  table. 

IMr.  President  stated  that  the  question  would  be  on  the  adop- 
tion of  the  report. 

Mr.  Gould  moved  to  "  recommit  with  instructions  to  report  a 
resolution  authorizing  the  president  to  order  an  election  in  Ful- 
ton county  on  a  certain  day." 

Mr.  President  again  stated  the  question  to  be  on  the  adop- 
tion of  the  report. 

Mr.  Patterson  of  Jackson  then  renewed  his  motion  to  lay  the 
report  on  the  table. 

Mr.  Yell  moved  to  adopt  the  substitute  offered  by  Mr.  Gar- 
land. 

Mr.  President  stated  the  question  to  be  on  the  motion  of  Mr. 
Patterson  of  Jackson,  to  lay  the  report  on  the  table. 

Mr.  llanly  rose  to  a  point  of  order,  and  Mr.  President  stated 


THE    CONVENTION.  69 

the  question  to  be  on  the    motion  of  j\Ir.   Gould   to  recommit, 
upon  which 

Mr,  Jester  called  for  the  yeas  and  nays,  which  call  being 
sustained,  was  ordered,  and  had  with  the  following  result: 

Yeas — Messsrs.  Adams  of  Phillips,  Batson,  Clingman,  Cryer, 
Dollarhide,  Echols,  Flanagin,  Floyd,  Fuller,  Gould,  Hawkins  of 
Ashley,  Hawkins  of  Sevier,  Hill,  Hilliard,  Johnson,  Lanier, 
Laughinghouse,  Mayo,  Patterson  of  Jackson,  Ray,  Rhodes, 
Robinson,  Shelton  Smoote,  Tatum,  Totten  of  Arkansas,  Totten 
of  Prairie,  Wallace  and  Yell — 29. 

Nays  —  INIessrs.  Austin,  Bolinger,  Bradley,  Bush,  Bussey, 
Campbell,  Carrigan,  Cypert,  Desha,  Dinsmore,  Dodson,  Fish- 
back,  Fort,  Garland  of  Hempstead,  Garland  of  Pulaski,  Griffith, 
Gunter,  Hanly,  Hobbs,  iiobson.  Jester,  Kelley,  Kennard,  Mans- 
field, Murphy,  Parks,  Patterson  of  Van  Buren,  Slemons,-Smith, 
Stallings,  Stillwell,  Stirman,  Stout,  Thomason,  Turner,  Walker> 
Watkins,  Williams,  and  IMr.  President — 39. 

So  the  report  was  not  recommitted. 

Mr.  Garland  of  Pulaski,  moved  to  adopt  the  report  of  the 
committee,  which  was  adopted  on  division. 

Mr.  Garland  of  Pulaski  then  moved  the  adoption  of  the  sub- 
stitute offered  by  him. 

Mr.  Hanly  moved  to  amend  as  follows: 

And  that  the  election  hereby  directed  to  be  held,  be  held  at 
iho  .«amc  places,  and  be  conducted  in  the  same  manner  in 
which  state  elections  are  now  held  under  the  laws  of  this  state; 
and  that  the  clerk  of  the  county  court  send  up  the  result  of 
said  election  by  the  person  who  may  receive  a  majority  of  the 
votes  cast,  to  the  secretary  of  state  of  this  state,  within  ten 
days  after  the  result  of  said  election  shall  be  ascertained,  in  the 
manner  now  prescribed  by  law;  Provided,  This  convention 
shall  then  be  in  session,  otherwise  the  said  returns  shall  be  sent 
up  in  the  way  now  provided  by  law,  as  in  case  of  the  gover- 
nor's election. 

Mr.  Desha  moved  to  amend  the  substitute  proposed,  by  strik- 
ing out  the  word  "first,"  and  inserting  in  lieu  thereof  the  word 
"  third,"  so  as  to  read  the  "  third  Monday  in  April.'''' 

Mr.  Mansfield  moved  to  amend  by  adding  an  additional  reso- 

lution,  to-wit: 

Resolved  further,  That  the  president  of  this  convention  be, 
and  he  is  hereby  authorized  and  directed  to  issue  a  proclama- 


70  JOURNAL    OF 


tion  to  the  sheriff  of  the  proper  count)%  requiring  an  election 
for  a  delegate  or  delegates  to  fill  such  vacancies  as  may  occur 
in  the  representation  of  anj^  county  or  counties  in  this  conven- 
tion, and  that  such  election  be  held  on  such  day  as  said  presi- 
dent may  appoint,  and  in  all  respects  in  accordance  with  the 
provisions  of  the  act  of  the  General  Assembl}^  approved  15th 
January,  1861. 

Which  amendments  were  severally  accepted,  and  the  reso- 
lution as  amended  was  adopted. 

Mi\  Mansfield  offered  the  following 

RESOLUTION: 

Resolved,  That  his  excellenc3%  Henry  M.  Red  or,  governor  of 
Arkansas,  be,  and  he  is  hereby  requested  to  inform  this  con- 
vention of  the  expenses  per  day,  of  holding  the  United  States 
arsenal  at  Little  Rock,  under  the  stipulations  b}'  and  between 
his  excellency  and  the  United  States  ofiicer  latel}'  in  command 
of  said  arsenal. 

Which,  on  motion  of  Mr.  Mansfield,  was  adopted. 

Mr.  Kennard  moved  that  the  consideration  of  the  amend- 
ment to  the  amendment  to  the  resolution  of  Mr.  Adams,  rela- 
tive to  instructing  the  committee  on  ordinances,  be  taken  up' 
which  motion  pievailed,  and  the  discussion  was  resumed. 

After  a  spirited  debate  by  Messrs.  Hanley,  Gould  and  Cling- 
man,  upon  motion  of  Mr.  Hobbs,  the  convention  took  a  recess 
until  2^  a'clock,  p.  m. 


21-  o'clock,  p.  m. 

Convention  met. 

Roll  called. 

It  appearing  that  there  was  no  quorum  present,  upon  motion 
of  Mr.  Carrigan,  the  convention  toook  a  recess  for  five  minutes, 
when  the  roll  was  again  called. 

PRESENT : 

Messrs.  Adams  of  Phillips,  Baber,  Batson,  Bolinger,  Bradley' 
Bush,  Bussey,  Campbell,  Carrinan,  Clingman,  Cryer,  Cypert, 
Desha,  Dinsmore,  Dollarhide,  Dodson,  Echols,  Floyd,  Fishback 


THE    CONVENTION.  71 

Fuller,  Fort,  Garland  of  Hempstead,  Garland  of  Pulaski,  Gould, 
Grace,  Griffith,  Gunter,  Hanly,  Hawkins  of  Ashley,  Hawkins 
ftf  Sevier,  Hohbs,  Hill,  Hobson,  Jester,  Johnson,  Kelley,  Ken- 
nard,  Lanier,  Laughinghouse,  Mansfield,  Mayo,  Murphy,  Parks, 
Fattert^on  of  Jackson,  Patterson  of  Van  Buren,  Ray,  Rhodes, 
jiobinson,  Shelton,  Slemons,  Smith,  Smoote,  Stallings,  Stillwell, 
8tirman,  Stout,  Thomason,  Totten  of  Arkansas,  Totten  of 
Prairie,  Turner,  Walker,  Wallace,  Watkins,  Williams,  Yell 
and  Mr.  President — G6. 

JMr.   Murphy  asked   and  obtained  leave  of  absence   for  Mr. 
Austin  on  account  of  indisposition. 

There  being  a  quorum  present,  Mr.  Clingman,  who  gave  way 
for  a*  motion  to  take  a  recess,  resumed  his  remarks. 

After  Mr.  Clingman,  followed  Mr.  Cypert  and  Mv.  Mayo. 

On  motion  of  Mr.  Desha,  the  convention  adjourned  until  9 
•o't^lock  to-morrow  morning. 

DAVID  W^ALKER, 

r7-esidcnt. 


t -^  Q^^— ^  "-Cfta* 


Friday,  March   \5l/i,  1S61. 
Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Rev.  Mr.  Stanley. 
Roll  called. 

present: 

Messrs.  Adams  of  Phillips,  Baber,  Batson,  Bolinger,  Bradley, 
Bush,  Bussey,  Campbell,  Carrigan,  Clingman,  Cryer,  Cypert, 
Desha,  Dinsmore,  Dodson,  Dollarhide,  Echols,  Fishback,  Flan- 
agin,  Floyd,  Fort,  Fuller,  Garland  of  Hempstead,  Garland  of 
Pulaski,  Gould,  Grace,  GrifEth,  Gunter,  Hanly,  Hawkins  of 
Ashley,  Hawkins  of  Sevier,  Hill,  Hilliard,  Hobbs,  Hobson,  Jes- 
ter, Johnson,  Kelley,  Kennard,  Lanier,  Laughinghouse,  Mans- 


72  JOURNAL    OF 


field,  Mayo,  Murphy,  Parks,  Patterson  of  Jackson,  Patterson  of 
Van  Buren,  Ray,  Rhodes,  Robinson,  Siemens,  Smith,  Smoote, 
Stallings,  Stillwell,  Stirman,  Stout,  Tatum,  Thoma?on,  Totten 
of  Arkansas,  Totten  of  Prairie,  Turner,  Walker,  Wallace,  Wat- 
kins,  Williams,  Yell  and  Mr.  President— 69. 

Mr.  Laughinghouse  asked  and  obtained  leave  of  absence  for 
Mr  She  1  ton. 

Mr.  President  stated  that  the  resolution  adopted  yesterday 
had  been  enrolled,  but  that  he  did  not  feel  authorized  to  sign  iS 
without  its  first  being  compared  by  a  committee  appointed  for 
that  purpose,  or  its  being  read  before  the  convention. 

Whereupon,  on  motion  of  Mr.  Hanly,  the  resolution  as 
enrolled  was  read,  and  the  president  authorized  to  sign  it.   , 

On  motion  of  Mr.  Fishback,  the  ordinary  business  of  the 
convention  was  suspended,  in  order  that  the  discussion  pending 
at  the  adjournment  yesterday  evening  might  be  resumed. 

Mr.  Mayo  then  resumed  bis  remarks,  at  the  close  of  which. 

On  motion  of  Mr.  Tatum,  the  convention  took  a  recess  until 
2-^-  o'clock,  p.  m. 


2^  o'clock,  p.  m. 
Convention  met. 
Roll  called. 

present: 
Messrs.  Adams  of  Phillips,  Baber,  Batson,  Bolinger,  Bradley, 
Bush,  Campbell,  Carrigan,  Clingman,  Cryer,  Cypert,  Desha, 
Dinsmore,  Dodson,  Dollarhide,  Echols,  Fishback,  Flanagin, 
Floyd,  Fort,  Fuller,  Gould,  Griffith,  Gunter,  Plawkins  of  Ash- 
ley, Hawkins  of  Sevier,  Hilliard,  Hobbs,  Jester,  Kelley,  Ken- 
nard,  Laughinghouse,  Mansfield,  Murphy,  Mayo,  Parks,  Patter- 
son of  Jackson,  Patterson  of  Van  Buren,  Ray,  Rhodes,  Robin- 
son, Shelton,  Siemens,  Smith,  Smoote,  Stallings,  Stillwell,  Stout, 
Tatum,  Thomason,  Totten  of  Arkansas,  Totten  of  Prairie,  Tur- 


THE    CONVENTION. 


ner,  Walker,  Wallace,  Watkins,  Williams,  Yell  and  Mr.  Vve^i- 
dent — 57. 

jMr.  Srnoote  asked  and  obtained  leave  of  absence  for  Mr. 
Bussey. 

The  discussion  pending:  ^^  the  time  of  talcing  a  recess  was 
then  resumed.  After  arguments  from  Messrs.  Turner,  Smoote, 
and  Kelly, 

On  motion  of  Mr.  Johnson,  the  convention  adjourned  until  9 
o'clock  to-morrow  morning,  iMr.  Adams,  of  Phillips  county, 
having  the  floor. 

DAVID  WALKER, 

President. 


Saturday,  MarcJi   IQ'Ji,   ISOl. 
Convention  met  pursuant  to  adjournment. 
Prayer  by  Rev.  P.  S.  G.  Watson. 
Roll  called. 

PRESENT  : 

Messrs.  Adams  of  Phillips,  Daber,  Batson,  Bolin^er,  Bradley, 
Bush,  Bussey,  Campbell,  Carrigan,  Clingman,  Cryer,  Cypert, 
Desha,  Dinsmore,  Dodson,  Dollarhide,  Echols,  Fishback,  Flana- 
gin,  Floyd,  Fuller,  Garland  of  Hempsiead,  Garland  of  Pulaski, 
Gould,  Grace.  Griffith,  Gunter,  Ilanly,  Hawkins  of  Ashley,  Haw- 
kins of  Sevier,  Hill,  Hilliard,  Hobbs,  Jester,  Johnson,  Kelley, 
Kennard,  Lanier,  Laughinghouse,  Mansfield,  Mayo,  Murphy, 
Parks,  Patterson  of  Jackson,  Patterson  of  Van  Buren,  Ray, 
Rhodes,  Robinson,  Shelton,  Slemons,  Smith,  Smoote,  Stallings, 
StilKvcll,  Stirman,  Stout,  Tatum,  Thomason,  Totten  of  Arkan- 
sas, Totten  of  Prairie,  Turner,  Walker,  Wallace,  V>*atkinp, 
Williams,  Yell  and  Mr.  President — 08. 

Mr.  Cypert  asked  and  obtained  leave  of  absence  for  3Ir. 
Hobson,  on  account  of  indisposition. 


74  JOUENAL    OF 


Journal  of  yesterday  read,  approved  and  signed. 

Mr.  Hanly,  on  leave,  presented  to  the  convention,  the  follow- 
ing resolution  of  the  Congress  of  the  Southern  Confederacy, 
and  the  accompanying  letter  from  the  President  of  the  Con- 
federate States  of  America,  to  the  President  of  this  Canven- 
tion: 

A  RESOLUTION, 

To  (lUtJiorhe  the  PicsidcrU  to  send  a  Commissioner  to  tht  State  of 

Ark<insns. 

The  Congress  of  the  Confederate  States  of  America  do  resolve, 
That  the  President  be,  and  he  is  hereby  authorized  to  send  a 
commissioner  from  this  government  to  the  convention  of  the 
Strtte  of  Arkansas,  to  consult  touching  matter  concerning  their 
mutual  interests. 

HOWELL  COBB, 

President  of  Congress. 

m  CONGRESS. 

!  certify  that  the  above  resolution  was  adopted  by  Congress, 
March  4th,  18t51. 

J.  J.  HOOPER, 

Secretary  oj    Congress. 


To  the  Frtsidtnl  of  the  Convention  of  Arkansas: 

Sir — The  government  of  the  Confederate  States  of 
America  having  an  earnest  desire  that  the  State  of  Arkansas 
should  unite  her  destinies  with  ours,  1  have  been  authorized  to 
appoint,  and  do  hereby  appoint  Williamson  S.Oldham,  a  dele- 
gate in  fhe  Confederate  Congress  from  the  State  of  Texas,  as 
special  commi-ssioner  of  this  government  to  the  State  of  Arkan- 
sas. And  1  have  the  honor  to  introduce  him  to  you,  and 
ask  lor  him  a  reception  and  treatment  corresponding  to  his 
station,  and  to  the  purposes  for  which  he  is  sent.  These  pur- 
poses he  will  more  luily  explain  to  you.  I  have  learned,  with 
great  satisfaction,  that  you,  and  the  body  over  which  you  are 
called  to  preside,  have  assembled  for  the  purpose  of  taking 
into  consideration  your  relations  to  the  government  of  the 
Ignited  States,  Feeling  that  we  have  common  interests,  com- 
mon wrongs  and  common  dangers,  we  cordially  invite  you  to 
unite  with  us  and  to  adopt  the  only  mode  of  redress,  which,  in 
our  judgment,  will  secure  our  future  tranquility  and  safety — 


THE    CONVENTION.  75 

separation  from  the  United  States.  Hoping  that  through  his 
agency  these  objects  may  be  accomplished,  1  avail  myself  of 
this  occasion  to  otfer  to  you  the  assurance  of  my  most  distin- 
guished consideration. 

JEFF.  DAVIS. 
Montgomery,   Ai.a.,     ^ 
March  LUh,  1801.^ 

Which  were  read. 

Mr.  Ilanly  moved  that  a  committee  of  three  be  appointed  to 
wait  on  such  commissioner,  invite  him  to  communicate  his 
mission  to  the  convention  at  a  practicable  moment,  and  that 
he  be  permitted  to  take  a  seat  within  the  bar  -of  the  conven- 
tion. 

Which  motion  prevailed,  and  'Sh\  President  appointed  Messrs. 
Hanly,  Stirman  and  Murphy  such  committee. 

Mr.  President  then  presented  the  following  communication 
from  his  excellency,  governor  Henry  M.  Rector: 

ExKCUTivR  Offick,  ) 

Lildc  Rock,  March  15th,  ISGl.  ) 

Hon.  David  Walker, 

President  of  the  State  Convenlion: 

S[R — I  am  in  receipt  of  the  resolution  passed  by  your 
honorable  body,  requesting  me  to  inform  the  convention  of  the 
expenses  per  day  of  holding  the  United  States  arsenal  at  Little 
Rock,  under  the  stipulations  between  myself  and  Capt.  James 
Totten,  lately  in  command  of  that  post. 

In  respof.se  to  which,  I  beg  leave  to  report  that  the  pay  of 
the  twenty-three  men   now  stationed   at  said   arsenal,  olliceis 

and  privates,  amounts  to  $27  25  per  day $27  25 

Subsistence  per  day. 5  00 


Aggregate  amount $02  55 

U]")on  the  surrender  of  the  arsenal,  8lh  February,  owing  to 
the  then  excited  condition  of  the  public  mind,  and  having  in 
view  the  large  amount  of  public  propei-ty  liable  to  destruction 
stored  in  the  arsenal.  1  ordered  the  post  to  be  garrisoned  by 
one  hundred  men. 

in  a  day  or  two  subsequent,  the  number  was  depleted 
materially,  and  so  on,  as  circumstances  would  permit,  and 
quiet  was  restoied;  the  command  has  been  gradually  dimin- 
ished to  its  present  number,  the  cost  per  day  corresponding 
proportionally  with  the  rates  above  given  for  the  present  num- 
ber. 


'6  JOURNAL    OF 


I  beg  leave  further  to  submit  for  the  conpideration  of  the 
convention,  that  any  directions  that  it  may  deem  necessary 
and  proper  to  make,  touching  the  retention  of  that  post,  until 
the  status  of  Arkansas  shall  in  some  mode  be  finally  determin- 
mined  upon,  will  be  complied  with  on  my  part,  whatsoever 
that  may  be.  But,  if  upon  the  other  ha,nd  I  am  left  without 
instruc'ions  upon  this  subject,  I  shall  regard  it  to  be  ray  duty, 
knowing  the  exposed  and  defensehess  condition  of  our  citizens, 
to  keep  the  arsenal  under  the  control  of  state  authority,  until 
the  representatives  of  the  people  in  convention,  or  in  their 
legislative  capacity,  shall  absolve  me  from  that  trust. 

In  doing  this,  however,  the  most  rigid  economy  will  be 
observed  that  surrounding  circumstances  may  warrant.  The 
'•  Phillips  Guards,"  now  stationed  at  the  arsenal,  upon  the 
adjournment  of  your  honorable  body — in  the  absence  of  direc- 
tions given  by  the  convention — will  be  relieved  from  duty,  and 
the  post  put  upon  a  peace  footing — making  it  necessary  only 
thenceforward,  to  retain  some  two  or  three  persons  to  preserve 
the  munitions  of  war,  grounds,  etc.,  etc.,  intact. 

Ilespectlully, 

H.  M.  RECTOR. 

AYhich  was  read,  and  on  motion  of  Mr.  Kelley,  referred  to 
the  committee  on  state  aflairs. 

On  motion  of  Mr.  Garland  of  Pulaski,  a  seat  within  the  bar 
of  the  convention  war  allowed  to  Di\  L.  P.  Blackburne  of 
Louisiana. 

The  consideration  of  the  amendment  to  the  amendment  to 
the  resolution  of  Mr.  Adams  of  Phillips,  relative  to  instructing 
the  committee  on  ordinances  to  report  an  ordinan|:e  lor  the 
immediate  and  unconditional  secession  of  the  State  of  Arkan- 
sas from  the  Federal  Union,  was  resumed. 

Mr.  Adams  of  Phillips,  who  asked  the  floor  for  this  morning 
on  last  evening,  then  discussed  the  question. 

Mr.  Yell  was  called  to  the  chair. 

Mr.  Smith  followed  Mr.  Adams  in  the  debate. 

Mr.  President  resumed  the  chair,  and  Mr.  Smith  yielding  to 
a  motion  to  adjourn,  Mr.  Yell  moved  to  adjourn  until  9  o'clock 
Monday  morning,  on  which,  Mr.  Cypei-t  called  for  the  yeas  and 
nays,  when  Mr.  Y'ell  withdrew  his  motion. 

Mr.  Hanly  then  moved  to  adjourn  until  9  o'clock  Monday 
morning,  and  Mr.   Cypert  renewed  the  call  of  the  yeas  and 


THE  COXVENTION. 


nays,  which  being  sustained  was  ordered,  and  had  with  the 
following  result: 

Yeas — Messrs.  Echols,  Floj'd,  Hanly,  Hawkins  of  Sevier, 
Hi'l,  Hilliard,  Ray,  Totten  of  Prairie  and  Yell— 9. 

A^AYS — jMessrs.  Adams  of  Phillips,  Baber,  Bolinger,  Bussey, 
Campbell,  Carrigan,  Clingman,  Crycr,  Cypcrt,  Desha,  Dinsmore, 
Dodson,  Dollarhide,  Flanagin,  Fort,  Fuller,  Garland  of  Hemp- 
stead, Garland  of  Pulaski,  Grace,  Gridith,  Gunter,  Hawkins  of 
Ashley,  Hobbs,  Jester,  Johnson,  Kelley,  Lanier,  Laughinghouse, 
Mansfield,  Mayo,  Murphy,  Parks,  Patterson  of  Jackson,  Rhodes, 
Robinson,  Shelton,  Slemons;  Smith,  Smoote,  Stallings  Stillwell, 
Stiruian,, Stout,  Thomason,  Totten  of  Arkansas,  Turner  Wal- 
ker, Watkins,  Williams  and  Mr.  President — 51. 

So  the  motion  did  not  prevail. 

On  motion  of  Mr.  Yell,  the  convention  then  took  a  recess 
until  3  o'clock,  P.  M. 


3  o'clock,  P,  iM. 
Convention  met. 
Ptoll  called. 

p  E  E  s  n  N  T  : 

Messrs.  Batson,  Bolinger,  Bradley,  Bush,  Campbell,  Carrigan, 
Clingman,  Cryer,  Cypert,  Desha,  Dinsmore,  Dodson,  Dollarhide, 
Echols,  Fishback,  Flanagin,  Floyd,  Fort,  Fuller,  Garland  of 
Hempstead,  Garland  of  Pulaski,  Gould,  Grilfith,  Gunter,  Haw- 
kins of  Ashley,  Hawkins  of  Sevier,  Hobb.-',  Jester,  Kelley,  Ken- 
narc,  Laughinghouse,  Mantfield,  Mayo,  Murphy,  Parks,  Pat- 
terson of  Van  Buren,  Ray,  Rhodes,  Robinson,  Shelton,  Slem- 
ons, Smith,  Smoote,  Stallings,  Stillwell,  Stirman,  Stout,  Tho- 
mason, Totten  of  Arkansas,  Turner,  Walker,  Wallace,  Watkins, 
Williams  and  Mr.  President — 57. 

Mr.  Smoote  asked  and  obtained  leave  of  absence  for  iMr. 
Bussey,  on  account  of  indisposition. 


78  JOURNAL    OF 


Mr"  Smith  then  resumed  his  argument,  at  the  conclusion  of 
which,  Mr.  Garland  of  Hempstead,  called  for  the  question. 

Mr.  Garland  of  Hempstead,  moved  a  call  of  the  house,  which 
motion  prevailed,  and  it  appeared  that  Messrs.  Adams  of  Izard, 
Austin,  Crenshaw,  Ilobson,  Jackson  and  Spivey  were  absent 
on  account  of  indisposition,  and  Messrs.  Echols,  Floyd,  Grace, 
Hanly,  Lanier,  Smoote,  Watkins  and  Yell  were  absent  with- 
out permission. 

jMr.  Hanly  appearing  within  the  bar,  on  request,  Mr.  Garland 
ofHempstead,  withdrew  the  motion  for  a  call  of  the  convention. 

After  some  debate,  Mv.  Hill  moved  to  adjoui-n  until  Monday 
morning  9  o'clock;   wliich  motion  prevailed  on  divisijan. 

DAVID  WALKER, 

President. 


Monday,  Mnrch  18///.,  1S61. 
Convention  met  pursuant  to  adjournnient. 
There   being  no   minister  present,   the  opening  prayer  was 
dispensed  with. 
Roll  called. 

r  R  E  s  E  X  T  : 

Messrs.  Adams  of  I/.ard,  Adams  of  Phillips,  Austin,  Baber, 
Batson,  Bolinger,  Bradley,  Bush,  Bussey,  Campbell,  Carrigan, 
Clingman,  Cryer.  Cypert,  Desha,  Dinsmore,  Dodson  Dollarhiue, 
Echols,  Fishback,  Floyd,  Fort,  Fuller,  Garland  of  Hempstead, 
Garland  of  Pulaski,  Gould,  Grace,  Griffith,  Gunter,  Hanly, 
Hawkins  of  Ashley,  Hawkins  of  Sevier,  Hilliard,  Hobbs,  Jester, 
Johnson,  Kelley,  Kennard,  Lanier,  Mansfield,  Mayo,  Murphy, 
Parks,  Patterson  of  Jackson,  Ray,  Rhodes,  Robinson,  Shelton, 
Siemens,  Smith,  Smoote,  Stallings,  Stillwell,  Stirman,  Stout, 
Tatum,  Thomason,  Totten  of  Arkansas,  Totten  of  Prairie,  Tur- 
ner, Walker,  Wallace,  Watkins,  Williams,  Yell  and  Mr.  Presi- 
dent— 04. 


THE    CONVENTION.  79 


Mr.  Shelton  asked  and  obtained  leave  of  absence  for  Mr. 
Lan^jhino^house,  on  account  of  indisposition. 

Mr.  Campbell  asked  and  obtained  leave  of  absence  for  Mv. 
Patterson  of  Van  Buren,  on  account  of  indisposition. 

]\Ir.  .Johnson  asked  and  obtained  leave  of  absence  for  ."Mr. 
Hill,  on  account  of  indisposition. 

Journal  of  yesterday  read,  approved  and  signed. 

Mr. 'Manly,  on  leave,  presented  the  following  report  irom  the 
committee  appointed  to  wait  upon  the  Hon.  Williamson  8, 
Oldham,  the  commissioner  from  the  Confederate  States  of  Am.e- 
rica: 

Mr.  Prf.siden-f — ■ 

The  committee  appointed  to  wait  upon  the  Hon.  V/il- 
liamson  S.  Oldham,  the  commissioner  of  the  Confederate  States 
oJ  America  to  this  convention,  have  performed  the  duties 
a-!signed  them,  and  have  instrircted  me  to  report  the  re-ult. 
Your  committee  had  the  honor  to  wait  upon  the  Hon.  William- 
son S.  Oldham  on  vSaturday  evening  last,  and  informed  him  that 
this  convention  would  be  pleased  to  receive  him  in  their  hail, 
and  receive  from  him  any  communication  he  might  have  to 
make  to  this  body  touching  the  suiyect  of  his  mission.  I  am 
instructed  to  say  that  your  committee  were  requested  to  pre- 
sent the  compliments  of  Mr.  Oldham  to  this  convention  and  his 
thanks  for  the  honor  conferrpd  upon  him  individually,  and  the 
Contederate  States  of  America,  which  he  has  the  honor  to  reo- 
resent,  by  the  invitation  to  appear  before  the  convention  and 
communicate  the  objects  of  his  mission.  He  desired  your  com- 
mittee further  to  say  that  it  would  suit  his  convenience  to 
appear  before  the  convention  and  make  his  communication  at 
10  o'clock,  A.  M.,  this  day. 

AH  of  which  is  respectfully  submitted,  and  your  committee 
ask  to  be  discliarged  from  luither  duties,  etc. 

HANLY,   Chairman. 

Which  was  read,  and  on  motion  of  Mr.  Floyd,  rcct-ived. 

Upon  motion  of  Mr.  Gould,  the  convention  tool;  a  recess 
until  10  o'clock" 


10  o'oiocK. 
Convention  met. 

Roll  called. 


80  JOURNAL    OF 


present: 

Messrs.  Adams  of  Phillips,  Austin,  Baber,  Batson,  Bolinger, 
Bradley,  Bu^ll,  Eussey,  Campbell,  Carrigan,  Clingman,  Cryer, 
Cypert,  Din.smore,  Dodson,  Dollaihide,  Echols, Fishback,Fluyd, 
Fuller,  Garland  of  Hempstead,  Garland  of  Pulaski,  Grace, 
Griffith,  Gunter,  Hawkins  of  Ashley,  Hawkins  of  Sevier,  Hil- 
li;trd,Hobbs,  Johnson,  Kennard,  Lanier,  Mansfield,  Mayo,  Parks, 
Patterson  of  Jackson,  Ray,  Rhodes,  Robinson, Shehon,  Slemons, 
Smith,  Smoote,  Stallings,  Stillwell,  Stout,  Tatum,  Thomason, 
Totten  of  Arkansas,  Totten  of  Prairie,  Turner,  Walker,  Wal- 
lace, Watkins;  Williams,  Yell  and  Mr.  President — 58. 

Mr.  Hanly  as  chairman  of  the  committee  appointed  to  wait 
on  the  Hon.  Williamson  S.  Oldham,  then  introduced  him  to 
the  President,  who,  in  turn,  introduced  him  to  the  convention. 

After  the  communication  was  made,  Mr.  President  stated 
that  the  question  would  be  on  the  amendment  to  the  amend- 
ment of  the  resolution  oflered  by  Mr.  Adams  of  Phillips. 

The  question  was  then  called,  and,  on  a  call  of  the  "conven- 
tion, it  appearing  that  several  delegates  were  absent,  on  account 
of  indisposition,  on  motion,  a  committee  of  three,  consisting  of 
Messrs.  Watkins,  Hanly  and  Gunter,  in  connection  with  the 
secretary,  were  appointed  by  the  president,  with  instructions  to 
wait  on  such  absentees,  and  receive  their  votes  on  the  propo- 
sition now  pending  before  the  convention. 

On  motion  of  Mr.  Smoote,  the  convention  took  a  recess  until 
2-;^-  o'clock,  p.  ri^. 


2A-  o'clock,  p.  m. 
Convention  met. 
Roll  called. 


present: 


Messrs.  Adams  of  Izard,   Adams  of  Phillips,  Austin,  Batson, 
Bolinger,  Bradley,  Bush,   Bussey,  Campbell,  Carrigan,  Cling- 


THE    CONVENTrON. 


man,  Crenshaw,  Cypert,  Desha,  Dinsmore,  Podson,  Dollarhitle, 
Echols,  Fibhbackr  Flanagin,  Floyd,  Fort,  Fuller,  Garland  of 
Hempstead,  Garland  of  Pulaski,  Gould,  Griffith,  Gunter,  Haw-, 
kins  of  Ashley,  Hawkins  of  Sevier,  Billiard.  Hobbs,  Hobson, 
Jester,  Johnson,  Kelky,  Kennard,  Lanier,  Mansfield,  Murphy, 
Parks,  Paiter?-on  of  Jackson,  Patterson  of  Van  Buren,  Rfty, 
Rhodes,  Robinson,  Shelton,  Slemons,  Smith,  Smoote,  Stallings, 
Stillwell,  Stirman,  Stout,  Tat.um,  Thomason,  Tott^-n  of  Prairie, 
Turner,  Walker,  Wallace,  Watkins,  Williams,  Yell  and  Mr. 
President— G3. 

Mr.  Bussey  asked  and  obtained  leave  of  absence  for  Mr. 
Cryer,  on  account  ot  indisposition. 

On  motion  of  Mr.  Watkins,  the  convention  took  a  recess  for 
ten  minutes;  at  the  expiration  of  which  time,  the  roll  was  again 
called,  and  it  appeared  that  Messrs.  Hill,  Jackson,  Laughing- 
house  and  Spivey  were  absent  on  account  of  indisposition. 

Mr.  Watkins  moved  that  the  committee  appointed  to  wait 
(in  such  absentees,  have  15  minutes  in  which  to  sre  them,  and 
receive  their  votes;  which  motion  prevailed. 

The  committee  having  performed  the  duty  assigned  them,  the 
roll  was  again  called. 

present: 

Messrs.  Adams  of  Izard,  Adam^  of  Phillips,  Austin,  Baber. 
liatson,  Bolinger,  Bradley,  Bush,  Bussey,  Campbell,  Carrigan, 
('lingman,  Crenshaw,  Crj'er,  Cypert,  Desha,  Dinsmore,  Dod- 
son,  Dollarhide,  Echols,  Fishback,  Flanagin,  Floyd,  Fort,  Fuller, 
Gai'land  of  Hempstead,  Garland  oi  Pulaski,  Gould,  Cirace,  Griflith, 
Gunter,  Hani}',  Hawkins  of  Ashley,  Hawkins  of  Sevier,  Hil- 
liard,  Hobbs,  Hobson,  Jester,  Johnson,  Kelly,  Kennard,  Lanier, 
]\ransficld.  Mayo,  Murphy,  Parks,  Patterson  of  Jackson,  Pat- 
tej-son  of  Van  Buren,  Ray,  Rhodes.  Robinson,  Sh»  Iton,  Slemotis, 
Smith,  Smooto,  Stallings,  Stillwell,  Stirman,  Stout,  Tatum. 
Thomason,  Totten  of  Arkansas,  Totten  of  Prairie,  Turner, 
Walker,  Wallace,  Watkins,  Williams,  Yell  and  Mr.  President 
—  7 1 . 

Mr.  Watkins,  on  the  part  of  the  committee  appointed  to 
1,  i:(  ivf  liie  votet>  of  tlie    jibsenteee,  asked  and   obtained  leave 

G 


82  JOURNAL    OF 


to  make  a  verbal  report,  and  to  record  their  votes  when  their 
names  should  be  called. 

Mr.  Thomason  called  for  the  yeas  and  nays;  which  call  being 
sut=tained,  was  ordered,  and  had  with  the  following  result: 

Yeas — Messrs.  Adams  of  Phillips,  Baber,  Batson,  Bussey, 
Clingman,  Crenshaw,  Cryer,  DoUarhide,  Echols,  Flanagin, 
Floyd,  Fuller,  Gould,  Grace,  Ilanly,  Hawkins  of  Ashley,  Haw- 
kins of  Sevier,  Hill,  Hilliard,  Johnson,  Lanier,  Laughinghouse' 
Mayo,  Patterson  of  Jackson,  Ray,  Rhodes,  Robinson,  Siemens, 
Shelton,  Smoote,  Tatum,  Totten  of  Arkansas,  Totten  of  Prairie, 
Wallace  and  Yell— 35. 

Nays — Messrs.  Adams  of  Izard,  Austin,  Bolinger,  Bradley, 
Bush,  Campbell,  Carrigan,  Cypert,  Desha,  Dinsmore,  Dodson, 
Fishback,  Fort,  Garland  of  Hempstead,  Garland  of  Pulaski, 
Griffith,  Gunter,  Hobbs,  Hobson,  Jackson,  Jester,  Kelley,  Ken- 
nard,  Mansfield,  Murphy,  Parks,  Patterson  of  Van  Buren, 
Smith,  Spivey,  Stallings,  Stillwell,  Stirroan,  Stout,  Thomason, 
Turner,  Walker,  Watkins  and  W^illiams — 89. 

So  the  amendment 'of  Mr.  Han ly  to  the  amendment  of  Mr. 
Thomason,  to  the  resolution  of  Mr.  Adams,  of  Phillips,  was 
lost. 

Mr.  W^atkins  offered  the  following  amendment  to  the  amend- 
ment of  Mr.  Thomason: 

Amend  by  striking  out  the  second  resolution  and  inserting 
the  following: 

Resolved,  'j'hat  the  President  of  this  convention  transmit  to 
the  President  and  Congress  of  the  United  States,  and  to  the 
governors  and  legislatures  of  the  several  states,  a  copy  of  these 
proceedings. 

J\csolved,  That  the  vote  for  or  against  the  above  resolutions, 
as  amended,  be  taken  Vv'ithout  reference  to  a  committee,  as 
proposee  in  the  original  resolution. 

Which  amendment  Mr.  Thomason  accepted. 

Mr.  Yell  offered  the  following  amendment  to  the  resolutions 
of  Mr.  Thomason,  a?  amended,  moved  its  adoption,  and  called 
for  the  yeas  and  nays: 

AN  ORDINANCE, 

To  dissolve  the  union   between  the  State  of   Aj/cansas  and  the 


THE    CONVENTION.  83 


other  Staieft  united  with  her  under  the,  compact  cntiihd  "  The 
Conslilution  of  the  United  Slates  of  Amci'ica.''^ 

SncTioN  1.  Yv^f ,  the  people  of  the  State  of  Arkansa?,  in  con- 
vention assembled,  do  declare  and  ordain,  and  it  is  hereby 
declared  and  ordaitied,  that  the  ordinance  adopted  by  the  Gene- 
ral Assembly  of  thi:^  state,  on  the  eighteenth  day  of  October, 
Anno  Domini  one  thousand,  eight  hundred  and  thirty-six, 
whereby  the  propo.^itions  set  forth  in  an  act  of  the  Congress  ot 
the  United  States,  entitled  "  an  act  supplementary  to  an  act 
entitled  '  an  act  lor  the  adraission  of  the  State  of  Arkansas  into 
the  Union,  and  to  provide  for  the  due  execution  of  the  laws  of 
the  United  States  within  the  same,  and  for  other  purposes?,'  " 
approved  the  twenty-third  day  of  June,  Anno  Domini,  one  thou- 
sand, eight  hundred  and  thirty-six,  and  also  all  acts  and  parts  of 
acts  of  the  General  Assembh'  of  ihis  state  on  the  same  subject, 
and  recognizing  the  connection  of  this  state  with  the  U.  S.  of 
America,  under  the  compact  entitled  "  The  Constitution  of  the 
United  States  of  America,"  are  hereby  repealed;  and  that  the 
union  novr  subsisting  between  the  State  of  Arkansas  and  the 
oth'er  states,  under  the  name  of  "  The  United  States  of  Ame- 
lica,"  is  hereby  dissolved,  and  all  the  powers  and  authority 
heretofore  conferred  by  this  state,  in  manner  aforesaid,  to  thc 
United  States  of  America,  are  hereby  resumed  by  this  state, 
and  the  people  thereof. 

Sec.  2.  That  the  foregoing  preamble  and  resolutions  and 
ordinance  shall  not,  nor  shall  either  of  them  be  in  force  until 
they  shall  have  been  approved  by  the  people  of  this  state,  to 
be  expressed  and  a.-ceriained  in  the  manner  hereinafter  pro- 
vided; that  is  to  say,  the  president  of  this  convention  shall  forth- 
with issue  a  proclamation,  ordering  an  election  in  all  the 
counties  in  this  state,  submitting  to  the  people  the  question  as 
to  which  they  will  approve,  the  preamble  and  resolutions,  or 
the  ordinance.  The  said  election  to  be  held  on  the  first  Satur- 
day of ,    18G1;  which    election  shall  be  held  at  the   same 

places,  and  be  conducted  in  the  same  manner,  and  governed 
by  the  same  laws,  that  state  elections  are  now  in  this  t^tate 
conducted  and  governed;  Provided,  That  the  sherifls  of  the 
several  counties  shall  be  required  to  give  only  ten  days'  notice 
of  said  election. 

Sec  3.  That  the  ballots,  or  tickets,  to  be  used  and  voted,  at 
said  election,  shall  be  indorsed,  "  approval  of  the  preamble 
and  resolutions,"  or  "  approval  of  the  ordinance;"  from  which 
said  ballots,  counts  shall  be  made,  and  the  question  determined 
as  to  the  greater  number  of  votes,  and  if  it  appear  that  the 
preauible  and  resolutions  shall  have  the  greater  number  of 
votes,  they  shall  be  declared  adopted;  and  if  it  appear  that  the 
ordinance  has  the  greater  number  of  votes,  it  shall  be  declared 
adopted. 


84  JOURNAL    OF 


Sec.  4.  That  the  juJofes  of  said  election  phall  make  returns 
thereof  to  the  clerk  of  their  respective  county  courts,  who  shall 
open  and  compare,  as  now  compared,  the  same,  as  now  req/(!iired 
by  law,  and  make  an  abstract  of  said  votes  given,  which  shall 
be  filed  in  his  office. 

Sec.  5.  That  each  clerk  of  the  county,  court,  immediately 
after  the  examination  and  comparison  of  the  returns  aforesaid, 
^•hall  deposit  in  the  post-office  in  his  county  .-^eat  a  certified  copy 
of  the  abstract  filed  in  his  office  of  the  returns  of  said  election, 
directed  to  the  secretary  of  state  at  the  seat  of  government. 

Sec.  G.  If  there  shall  be  a  failure  to  receive  any  of  the 
•returns  of  such  election  at  the  seat  of  government,  for  ^wo 
mails  after  the  same  is  due,  th^  secretary  of  state  shall  dispatch 
a  messenger  to  the  county  from  which  returns  have  not  been 
received,  with  directions  to  bring  up  such  returns,  or  copies 
thereof. 

Sec.  7.  That  it  shall  be  the  duty  of  the  secretary  of  state,  hi 
the  presence  of  the  governor,  auditor  and  treasurer,  or  any  two 
of  them,  within  thirty  days  after  the  time  herein  allowed  to 
make  returns  of  said  election,  or  sooner,  if  the  returns  have 
been  received  of  said  election,  to  cast  up  and  arrange  the 
votes  from  the  several  counties,  or  such  of  them  as  have  been 
received,  and  make  out  and  file  in  his  office  an  abstract  show- 
ing the  number  of  votes  cast  for  the  preamble,  and  resolutions, 
and  the  number  of  votes  cast  for  the  ordinance;  and  if  it  shall 
appeal"  that  the  greater  number  of  votes  shall  be  cast  for  the 
preamble  and  resolutions;,  or  if  it  shall  appear  that  the  greater 
numb'^r  of  votes  shall  be  cast  for  the  ordinance,  the  governor  of 
the  state,  upon  either  event  happening,  shall  issue  his  procla- 
mation declaring  the  fact  of  the  preamble  and  resolutions  being 
adopted,  or  the  tact  of  the  ordinance  being  adopted  as  the  case 
may  be,  and  cause  the  same  to  be  published  in  five  different 
newspapers  printed  in  different  parts  of  t'lis  state,  and  il  it  shall 
appear  that  the  majority  of  the  votes  are  for  the  preamble  and 
resolutions,  that  then  and  in  that  event  they  shall  be  held  and 
con.s.idered  adopted,  as  if  no  condition  had  been  affixed  thereto. 
And  if  it  appear  that  the  greater  number  of  votes  has  been  cast 
for  the  ordinance,  then,  and  in  that  event,  said  ordinance  shall 
be  held  and  considered  adopted  as  if  no  condition  had  been 
affixed  thereto—  and  that  either  of  said  propositions,  if  adopted, 
shall  have  the  force  and  binding  efiect  as  if  adopted  by  this 
convention.  Upon  it  being  made  appear  that  cither  of  the 
foregoing  propositions  are  adopted,  the  governor  shall,  forth- 
with issue  his  proclamation  assembling  this  convention  at  the 
capital  on  a  diiy  to  be  named  by  him. 

Mr.  Watkins  moved  its  indefinite  posfponensent,  and  called 


THE    CONVENTION.  85 


for  the  yeas  and  naj's,  which  call  being  sustained  was  ordered 
and  had  with  the  foUowing  effect: 

Yeas — Messrs.  Adams  of  Izard,  Austin,  Boiinger,  Bradley, 
Bush,  Ctimpbell,  Carrigan,  Cypert,  Desha,  Dinsmoie,  Dodson. 
Fishback,  Fort,  Garland  of  Hempstead,  Garland'  ol  Pulaski, 
Griffith,  Gunter,  Hill,  Hobbs,  Hobson,  Jester,  Kelly,  Kennard 
Mansfield,  Murphy,  Parks,  Patterson  of  Van  Daren,  Smith, 
Stailings,  StillwelK  Stirman,  Stout,  Thomason,  Turner,  Walker, 
Watkinrf,  Williams  and  Mr.  Prtv^ident — 30. 

Nays — Messrs.  Adams  of  PhilMps,  Baber,  Batson,  Bussey< 
Clingmaii,  Crenshaw,  Cryer,  Dollarhide,  Echols,  Fldnagin, 
Floyd,  FitUer,  Gould,  Grace,  Ilanly,  Hawkins  of  Ashley, 
Hawkins  of  Sevier,  Hilliard,  .Johnson,  Lanier,  Mayo,  I'attersou 
of  Jackson,  Ra} ,  Rhodes,  Robinson,  Shelton,  Siemons,  Smoote, 
Tatum,  Totten  of  Arkansas,  Tolten  of  Prairie,  Wallace  and 
Yell~33. 

So  the  amcndpiitnt  to  the  amendment  was  indefinitely  post- 
i)oned. 

Mr.  Ea'.son  introduced  the  following  as  a  sub^'alute  for  the 
resolutions  of  JMr.  Thomason: 

AN  ORDINANCE, 

En/Wed  on  nnlinance  it/  praindc  for  the  holding  an  election 
t /trough mil.  this  sfate,  to  o')t<iin  an  txprcssinn  of  the  •people 
ihcrcnj\  luudiivg  the  txptditncy  of  secession  or  no  sec(Ssio7i. 

Section  1.  He  il  ordaiiird  hfj  the,  people  of  the  State  of  Arkan- 
S'lS   in    convivdion  i.'S<' /nblcd.    That    hereafter,   to- wit:    on    the 

,  there  shall  be  an  election  held  throughout 

this  state,  to  be  in  all  things  conducted  and  managed  as  state 
elections  are  now  held,  conducted  and  managed,  under  the 
existing  laws  of  this  state. 

Sec.  2.  Be  it  further  ordoinrd  Inj  the,  anthori'i/  aforesaid.  That 
within  five  days  after  the  adoption  of  this  ordinance,  the  gov- 
ernor of  this  state,  shall  issue  his  proclamation,  directing  the 
sheriffs  throughout  this  state  to  advertise  said  election  in  their 
j-espe -tive  counties,  stating  in  said  advertisements,  the  object  of 
said  election,  and  the  time  and  places  of  holding  the  same  in 
their  respective  counties,  the  proclamation  of  the  governor, 
anfl  the  advertjseruents  of  the  sheriffs,  to  be  published  as  now 
lequired  by  I.nv  in  case  of  state  elections. 

Sec.  3.  lie  it  further  ordained  by  the  authority  aforesaid,  That 


86  JOURNAL    OF 

at  the  election  hereinbefore  provided  for,  the  tickets  or  ballots 
voted  by  tlie  electors  shall  be  indorsed  "secession,"  or  "no 
secession.'' 

Sec.  4.  Be  it  farUicr  ordained  by  Ihc  aiUlioritij  aforcsnid,  That 
the  returns  of  such  election  shall  be  made  by  the  same  persons, 
and  to  the  same  officer,  and  shall  be  opened  and  eom pared  by 
the  same  persons,  in  the  same  manner,  and  within  ihe  same 
time,  as  now  required  by  law,  in  case  of  state  elections. 

Skc.  5.  //e  il  I'm  tlur  ordained  by  ihe  aulhnriiy  aforesaid,  That 
each  clerk  of  the  county  court.  immediHtely  alter  the  examina- 
tion and  comparison  of  the  returns  aforesaid,  shall  r-ake  an 
abstract  oi'  the  votes  given,  ^d  Hie  the  same  in  his  office,  and 
shall  deposit  in  the  po.st-office,  at  his  county  seat,  a  co[)y  of 
such  abstract,  directed  to  the  secretary  of  state,  at  the  seat  of 
government,  and  if  there  shall  he  a  failure  to  receive  any  of 
the  returns  of  sU'..h  election  at  the  seat  of  government,  (or  tu-o 
mails  lifter  the  same  is  due,  the  secretary  ot  state  shall  dispatch 
a  messenger  to  the  county  from  \\hich  returns  have  not  been 
received,  with  directions  to  bring  up  such  letuins  or  copies 
thereof. 

Skc.  (5.  Bf  it  fiirlltcr  ordained  by  the  au.l!ioriJy  aforrsaid ,  That 
it  shall  be  the  duty  of  the  secretary  of  state,  in  the  presence 
of  the  governor,  tLeasurer,  auditor,  and  supreme  judges,  or  any 
two  or  more  of  said  officers,  within  thirty  days  after  the  time 
herein  allowed,  to  make  returns  of  such  election,  or  sooner,  if 
all  the  re'.urns  have  been  received,  to  cast  up  and  arrrui^f^  the 
vcM?  from  tlie  several  countie?,  or  such  of  thern  as  have  made 
r<'turns,  and  make  out  and  file  in  his  office  an  absti-act  showing 
the  numbei'  of  votes  cast  for  "  secessit-n,"  and  the  number  of 
votes  cast  (or  '•  no  secession,"  and  forthvrith  cause  a  copy  of 
such  abstract  to  be  published  in  five  or  more  newspapers  printed 
in  this  state. 

Sec.  7.  Be  it  furihcr  oidaincd  by  ihc  aufhorily  aforesaid,  That 
if  it  should  appear  from  the  publication  of  the  secretary  of 
state,  as  aforesaid,  that  a  majority  of  all  the  votes  cast  at  such 
election,  are  for  "  sece.-sion,"  then,  and  in  that  event,  the  dele- 
gates of  this  convention  shall   re-assemble  in  this  hall  on  

•,  and  the  said  vote  shall  be  regarded,  considered 


and  treated  as  an  instruction  to  this  convention,  and  the  dele- 
gates thereof  to  vote  (or  an  unconditional  ordinance  of  seces- 
sion, and  as  directions  to  them  to  adopt  measures  by  which  this 
state  can  resume  to  herself  all  the  powers  delegated  to  the 
federal  government,  by  the  ordinance  adopted  by  the  General 
Assembly  of  this  state,  on  the  ISth  day  of  October,  A.  D.  1836. 
Sfic.  8.  Be  it  farther  ordained  by  the  authoriiij  aforesaid.  That 
if  it  shall  appear  boni  the  publication  of  the  secretary  of  state, 
as  aforesaid,  that  a  majority  of  all  the  votes  cast  at  such  elec- 
tion, are  for  "  no  secession,"  then,  and  in  that  event,  tjhis  c  mven- 


THE    CONVENTION.  87 


tion  be,  and  the  same  is  hereby  dissolved   and  adjourned  sine 
die. 

Mr.  Johnson  moved  the  adoption  of  the  substitute,  and  called 
for  the  yeas  and  nays. 

Mr.  Hobson  moved  to   adjourn  until   to-morrow,  9  o'clock; 
which  motion  v/as  carried  on  a  division. 

DAVID  WALKER, 

President. 


Tuesday,  Marc/i   19th   18G1. 
Convention  met  pursuant  to  adjournment. 
Prayer  by  Elder  George  Plattenburg. 
Roll  called. 

p  R  r  s  E  N  T  : 

Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin,  Baber, 
Batson,  ]jv  linger,  Br;ulley,  Bush,  Bussey,  Campbell,  Carriyan, 
Clinginan,  Oenshaw,  Cryer,  Cypert,  Desha,  Dinsmore,  Dod- 
Kon,  Dollarhide,  Echols,  Fishback,  Flanagin,  Floyd,  Fort,  Fuller, 
Garland  of  Hempstead,  Garland  of  Pulaski,  Gould,  Gritiith, 
Gunter,  Haniy,  Hawkins  of  Ashley,  Hawkins  of  Sevier,  Hilliard, 
Hobbs,  Hobson,  Jester,  Johnson,  Kelley,  Kennard,  Lanier,  Mans- 
lield,  Mayo,  Murphy,  Parks,  Patterson  of  Jackson,  Ray,  Rhodes, 
Robinson,  Shelton,  Slemons,  Smith,  Smoote,  Stallings,  Still  well, 
Stout,  Tatum,  Thomason,  Totten  of  Arkansas,  Totten  of  Prai- 
rie, Turner,  Walker,  Wallace,  Watkins,  Williams,  Yell  and 
Mr.  President— 64. 

Mr.  Gould  asked  and  obtained  leave  of  absence  for  Mr.  Stir- 
man,  on  account  of  indisposition. 

The  journal  of  yesterday  was  read,  approved  and  signed. 

The  usual  order  of  business  was  dispensed  with,  and  Mr. 
President  stated  the  question  before  the  convention  would  be 
on  the  adoption  of  the  substitute  olTered  by  Mr.  Batson,  to  the 
resolution  offered  by  Mr.  Thomason,  as  an   amendment  to  thg 


88  JOURNAL    OF 


resolution  offered  by  Mr.  Adams,  of  Phillips,  relative  to  instruct- 
ing the  committee  on  ordinances. 

Mr.  Watkins   moved  that  the  convention   take  a  recess  until 
2A-  o'clock,  p.   m.,  which  motion   prevailed. 


2^  o'clock,  p.  m. 
Convention  met. 

Roll  called. 

present: 

Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Au.~tin,  Baber. 
Batson,  Bolinger,  Bradley,  Bu^h,  Bussey,  Campbell,  Carrigan, 
Clingman,  Crenshaw,  Cryer,  Cypert,  Desha,  Dinsmore,  Dod- 
i=on,  Dollarhide,  Echols,  Fishback,  Flanagin,  Floyd,  Fort, 
Fuller,  Garland  of  Hempstead,  Garland  of  Pulaski,  Gould, 
Grace,  Griffith,  Gunter,  Hanly,  Hawkins  of  Ashley,  Hawkins 
of  Sevier,  Hill,  Hilliard,  Hohbs,  ilobson.  Jester,  Johnson^ 
Kelley,  Kennard,  Lanier,  Mansfield,  Mayo,  Murphy,  Parks.. 
Patterson  of  Jackson,  Patterson  of  Van  Buren,  Ray,  Rhodes, 
Robinson,  Shelton,  Siemons,  Smith,  Smoote,  Stallings,  Still- 
well,  Stout,  Tatum,  Thomason,  Totten  of  Arkansas,  Totten  of 
Praiiie,  Turner,  Walker,  Wallace,  Watkins,  Williams,  Yell  and 
Mr.  President— 70. 

On  motion  of  Mr.  Totten,  of  Prairie,  the  convention  ad- 
journed until  10  o'clock  to-morrow  morning. 

DAVID  WALKER, 

President. 


Wednesday,  March  20th,   18G1 
Convention  met  pursuant  to  adjournment. 
Prayer  by  Rev.  Mr.  Welch. 
Roll  called. 


THE    CONVENTION.  89 


present: 

Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin,  Baber, 
Batson,  Bolinger,  Bradley,  Bush,  Bussey,  Campbell,  Carrigan, 
Clinginan,  Crenshaw,  Cryer,  Cypert,  Desha,  Dinsmore,  Dodson, 
J)ollarhide,  Fishback,  Flanagin,  Floyd,  Fort,  Fuller,  Garland 
of  Hempstead,  Garland  of  Pulaski,  Gould,  Grace,  Gridith, 
Guntcr,  Hanly,  Hawkins  of  Ashley,  Hilliard,  Hobbs,  Hobson, 
Jester,  Johnson,  Kelley,  Lanier,  Mansfield,  Murphy,  Parks,  Pat- 
terson of  Jackson,  Patterson  of  Van  Buren,  Ray,  Rhodes,  Rob- 
inson, Shelton,  Siemens,  Smith,  Smoote,  Siallings,  Stillwell, 
Stirman,  Stout,  Thomason,  Totten  of  Arkansas,  Totten  of  Prai- 
rie, Turner,  Walker,  Wallace,  Watkins,  Williams,  Yelf  and 
Mr.  President — 05. 

Mr.  Shelton  asked  and  obtained  leave  of  absence  for  Mr. 
Hawkins,  of  Sevier. 

Mr.  Totten  askrd  and  obtained  leave  of  absence  for  Mr. 
Hill. 

Mr.  Bush  asked  and  obtained  leave  of  absence  for  Mr.  Tatum. 

The  journal  of  yesterday  read,  approved  and  signed. 

Mr.  President  stated  the  question  to  recur  on  the  substitute 
of  Mr.  Batson  to  the  amendment  of  Mr.  Thomason. 

Mr.  JMurphy  moved  to  take  a  recess  for  one  hour;  which 
motion  prevailed. 

At  the  expiration  of  which  time,  the  convention  reassembled, 
and  the  roll  was  called. 

present: 

Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin,  Baber, 
Batson,  Bolinger,  Bradley,  Bush,  Bussey,  Campbell,  Carrigan, 
Clingman,  Crenshaw,  Cryer,  Cypert,  Desha, Dinsmore,  Dodson, 
Dollarhide,  Fishback,  Flanagm,  Floyd,  Fort,  Fuller,  Garland 
of  Hempstead,  Garland  of  Pulaski,  Gould,  Grace,  GrilBth,  Gun- 
ter,  Hanly,  Hawkins  of  Ashley,  Hill,  Hilliard,  Hobbs,  Hobson, 
Jester,  Johnson,  Kelley,  Kennard,  Lanier,  Mansfield,  Mayo, 
Murphy,  Parks,  Patterson  of  Jackson,  Ray,  Rhodes,  Robinson. 
Shelton,  Siemens,  vSmith,  Smoote,  Stallings,  Stillwell,  Stirman, 
Stout,  Thomason,  Totten  of  Arkansas,  Totten  of  Prairie,  Tur- 
ner, Wallace,  Walkins,  Williams,  Yell  and  Mr.  President — 66. 


90  JOURNAL    OF 


Mr.  Totteii,  of  Prairie,  moved  to  lay  the  substitute  of  Mr. 
Batson,  the  amendment  of  Mr.  Thomason,  and  also  the  resolu- 
tion of  Mr.  Adams,  of  Phillips,  informally  on  the  table;  which 
motion  prevailed. 

Whereupon,  Mr.  Totten,  of  Prairie,  offered  the  following: 

AN  OFvDLNANCE 

To  provide  for  ho'a.lng  an  election  in  lac  State  of  Arkansas,  for 
the  purpose  of  taking  the  sense  of  the  people  of  the  state  on  the 
question  of  "  co-operation  "  or  '•  secession.''' 

Section  1.  Be  it  ordained  by  the  people  of  Aniansas,  in  conven- 
tion assembled,  That  an  election  shall  be  held,  in  all  the  coun- 
ties in  this  state,  on  Monday,  the  5th  day  of  August,  18G1,  at 
which  the  qucf^tion  of  "  Co  operation  "  or  "Secession"  shall  be 
submitted  to  the  people  of  tbis  state;  which  election  shall  be 
held  and  conducted,  in  all  respects,  in  accordance  with  the 
laws  of  the  state  now  in  force,  prescribing  the  manner  of  hold- 
ing elections;  Provided,  That  the  sheriffs  of  the  several  coun- 
ties shall  be  required  to  give  at  least  thirty  days'  notice  of  the 
time  and  places  of  holding  said  elections,  by  advertisement 
thereof,  as  required  by  law  for  ordinary  elections. 

Sec.  2.  Be  it  further  ordained,  That  the  ballots  or  tickets  to 
be  used  in  said  elections  shall  be  indorsed  "  for  co-operation," 
or  "  for  sece;  sion,"  from  which  ballots,  count  shall  be  made  by 
the  judges,  and' they  shall  ascertain  hov/  maiiy  votes  aie  cast 
for  "co-operation,"  and  how  many  are  cast  "  for  secession,'"  at 
their  respective  precincts,  and  shall  duly  certify  the  result  of 
s-iid  count,  and  make  return  thereof  to  the  clerk  of  their  respec- 
tive counties,  who  shall  open  and  compare  said  returns  as  they 
are  now  required  by  law  to  open  and  compare  other  elections; 
and  each  clerk  shall  make  an  abstract  of  the  vote  of  his  county 
upon  the  question  of  "secession  "  or  "  co  operation,"  and  file 
the  same  in  his  o;iice;  and  shall,  also,  at  the  same  time,  make 
out,  under  his  seal,  and  deliver  to  the  delegate  or  delegates 
from  his  county  to  this  convention,  a  copy  of  said  abstract,  to 
be  returned  by  them  to  the  office  of  secretary  of  state,  as  here- 
inafter provided. 

Sec.  3.  Be  it  fur  titer  ordained,  That  the  delegates  to  this  con- 
vention shall  be  made  special  returning  officers,  to  bring  up  the 
certified  vote  of  their  respective  counties,  on  the  question  of 
"co-operation"  or  "secession,"  to  the  office  of  secretary  of 
state;  which  vote,  -from  all  the  counties,  shall  be  opened  and 
counted  by  the  secretary  of  state,  in  the  presence  of  the  gover- 
nor, auditor,  and  treasurer,  or  any  two  of  them,  on  Monday, 
the  nineteenth  day  of  August,  1801;  and  said  officers,  or  any 
thiee  of  them,  shall  certify  to  the  president  of  this   convention, 


THE    (X)NVENTION.    x  91 


when  the  same  shall  be  again  con%'ene<l,  as  hereinHfter  pro- 
vided, the  whole  number  of  votes  cast  in  the  state  'for  co-ope- 
ration," and  the  whole  nuruber  of  votes  cast  "  for  recession," 
and  if,  Irom  any  ca  use,  any  delegate  !>hall  he  unable  to  bring 
up  the  vote  of  hi^  C!)unty,  as  herein  provided,  he  shall  have 
power,  and  it  shall  be  his  duty  to  a[)point  a  special  messenger, 
to  be  the  bearer  of  the  same,  in  his  stead;  and  if,  from  any 
cause,  there  should  b«  no  delegate  from  any  county,  then  the 
clerk  of  said  counly  shall  appoint  a  messenger  to  bring  up  the 
vote  thereof. 

Sec.  4.  Be  it  furl  her  ordi/./icd.  That  the  delegates  or  other 
messengers,  v.  ho  shall  bring  up  the  votes  cot  the  dillerent  coun- 
ties, shall  receive  the  same  mileage  vl^  is  provided  to  be  paid 
to  returning  officers  by  the  act  of  the  General  Assembly  calling 
this  convention. 

Sific.  5.  Be  if,  further  ordained,  That  if  it  shall  appear,  when 
ihe  result  of  said  election  shall  be  nmde  known  to  this  conven- 
tion, that  a  majoiity  of  all  the  legal  votes  ca^-t  in  the  state  have 
been  cast  for  "  secession,"  then,  in  that  event,  such  vote  shall 
be  taken  to  be  instructions  to  this  convention  to  pass  an  act  of 
immediate  secession,  and  the  convention  shall  at  once  pass  an 
ordinance,  dissolving  the  connection  existing  bctvi'een  the  State 
of  Arkansas  and  the  federal  government,  known  as  the 'United 
States  of  Atrierica;"  but  if  a  majority  of  all  the  legal  votes 
have  been  cast  for  '•  eo-operatioa,"  then  this  convention  shall 
unmediately  take  tuch  steps  as  may  be  deeaied  prnj^er  to  lur- 
ther  co-operation  with  the  border,  or  unsecetled  slave  :^i:.ites,  in 
e'lorts  to  secure  a  permaneSit  and  satisfactory  adju3tii:.ent  of 
the  sectioiUvl  controversies  disturbing  the  country. 

Sec.  C.  Bt  it  further  ordaimd.  That  the  president  of  this 
convention  be.  and  he  is,  hereb}'  instructed  to  issue  liis  procla- 
mation, within  ten  days  after  the  adoption  of  this  ordinance,  to 
the  sherilfs  of  the  several  counties  in  the  state,  requiring  them 
to  hold  an  election  in  their  respective  counties,  in  conformity  to 
the  provisions  o(  this  ordinance. 

Skc.  7.  Be  it  further  ordained,  That  when  this  convention 
shall  adjourn,  it  shall  adjourn  to  meet  on  the  IDth  day  of 
August,  1801. 

Which  was  read,  and,  on  motion  of  Mr.   Adams,  of  Phillips, 

adopted. 

Mr.  Watkins  then  introduced  tlie  following  preamble  and 

.  RESOLUTIONS: 

Whereas,  The  States  of  Virginia  and  Missouri,  in  conven- 
tions assembled,  have  called  upon  the:  border  slave  states,  to- 
wit:  Delaware,  Maryland,  North  Carolina,  Tennessee,  Ken- 
tucky and  Arkansas,  to  unite  with  them  in  an  etfori.  to  accom- 
plish   a   satisiactory    adjustment  of    the    sectional    dilferencci 


92  JOURNAL    OF 


which  threaten  ruin  and  destruction  to  our  once  happy  and 
pro.-=pf-rous  Union:  And  wlirrcas,  the  State  of  Virginia,  through 
her  convention,  has  named  the  27th  daj'-of  May  next,  atFrank- 
lort,  Kentucky,  a??  a  suitable  time  and  place  for  holding  a  con- 
lerence  or  convention  of  said  border  slave  states,  tor  the  pur- 
pose, if  possible,  of  determining  upon  a  plan  of  adjustment 
which  shall  be  fair  and  equitable  to  all  the  states. 

A'ld  n-hcrms.  The  State  ol  Missouri,  animated  by  a  like 
patriotic  desire  to  obtain  a  speedy  adjustment  of  our  difficulties, 
has  appointed  commissioners,  instructed  to  represent  her  in  such 
border  state  convention,  at  such  time  and  place  as  may  be 
agreed  upon  by  two  or  more  of  snid  border  slave  states: 

Rcsoti-rd  1,  /nj  the  people  of  the  Stale  nf  Arkansas  in  cnnveiHion 
(fssaiitdcd,  That  we  accede  to  the  propositions  of  the  States  of 
Virginia  and  Missouii,  !or  the  holding  of  the  convention  of 
the  border  slave  states,  declaring  it  to  be  our  desire  and  pur- 
pose to  co-operate  with  said  l)order  states  in  an  earnest  efJort 
to  settle  the  unhappy  controversies  now  ilistracting  our  country, 
in  the  spirit  in  which  the  constitution  of  our  Union  was  origi- 
nally framed,  and  consistently  with  its  principles,  and  in  such 
a  manner,  and  upon  such  a  basis,  as  shall  secure  to  the  people 
of  the  southern  or  siaveholding  states,  adequate  guarantees  of 
thf'ir  rights. 

Resolved,  2.  That  in  accordance  with  \.]\o.  suggestion  of  the 
State  of  Virginia,  we  propose  Franklbrt,  Kentucky,  and  the 
27th  day  of  May  next,  as  a.  suitable  place  and  time  for  holding 
5aid  conlVrence  or  convention  of  the  border  slave  states. 

Resolved,  3.  Tliat  this  convention  elect  five  commissioners,  or 
delegates,  whose  duty  it  shall  be,  when  notified  by  the  presi- 
dent of  this  convention,  that  a  majority  of  said  bordf^r  slave 
ttates  have  acceded  to  the  proposition  of  the  States  of  Virginia 
and  Missouri,  for  holding  a  border  state  convention,  to  repair 
to  the  city  of  Frankfort,  or  to  such  other  place  as  m^y  be 
agreed  upon,  on  the  day  designated  in  the  foregoing  resolution, 
or  on  any  other  day  that  may  be  agieed  upon,  to  meet  such 
commissioners,  or  delegates,  as  may  he  appointed  by  said  bor- 
der slave  states,  for  the  purpose  of  deliberating  upon  the  mat- 
ters hereinbefore  referred  to. 

Resoloed,  4.  That  if  said  commissioners  or  delegates,  after 
full  and  free  conference,  shall  agree  upon  any  p'an  of  adjust- 
ment, or  upon  any  course  of  action  to  be  pursued  by  said  states, 
then  the  commissioners  or  delegates  hereby  appointed,  shall 
report  the  same  to  an  adjourned  session  of  this  convention 
heretofore  provided  for. 

Resolrrd,  5.  That  the  president  of  this  convention  be  instruct- 
ed to  transmit,  immediately,  copies  of  these  resolutions  to  the 
executives  of  the  several  states  hereinbefore  named,  with  the 
request  that  said  executives  inform  him,  as  soon  as  practicable, 


THE    CONVENTION.  93 


of  the  action  of  their  respective  states  in  reference  to  the  pre- 
position for  a  border  slave  state  convention,  and  that,  when 
informed  that  a  majority  of  said  states  have  agreed  upon  a 
time  and  place  for  holding  said  convention,  he  shall  iorihwiih 
inform  the  commissioners  or  delegates  elected  under  the  pro- 
visions of  the  third  resolution  above,  of  that  fact. 

Resolved,  (>.  That  t.  e  commissioners  or  delegates  herein  pro- 
vided for,  shall  receive  for  iheir  services,  whilst  in  attendance 
on  the  sittings  of  said  border  state  convention,  the  same  pay, 
})oth  as  to  per  -die]!!,  nnd  rriileage,as  is  allowed  by  law,  to  me,rn- 
bers  of  this  convention,  to  be  paid  upon  the  certificate  ol  tiie 
j)resident  of  this  convention,  out  of  any  moneys  in  the  state 
treasury,  not  otherwise  appropriated. 

Which  were  read,  and  Mr.  Watkins  moved  their  adoption. 

On  which  motion,  Mr.  Patterson  of  Jackson,  called  for  the 
yeas  and  nays,  which  being  sustain ecf,  was  ordered  and  had 
with  the  following  result,  the  absentees  having  permission  to 
record  their  votes  as  if  present,  when  desirous: 

Ykas — Messrs.  Adams  of  Izard,  Austin,  Caber,  Bolinger, 
Bradley,  Bush,  Campbell,  Carrigan,  Crenshaw,  Cypert,  Desha, 
])insmore,  Dodson,  Fishback,  Fort,  Garland  of  Hempstead, 
Uarland  of  Pulaski,  Grilfith,  Gunter,  Hill,  Hobbs,  Ilobson,  Jes- 
ter, Kelley,  Kennard,  Mansfield,  Murphy,  Parks,  Patterson  of 
\'an  Buren,  Robinson,  Smith,  »Stailing.-<,  Still  well,  Stirman,  Stout, 
Thomason,  Turner,  Walker,  Watkins,  Williams  and  Mr.  Presi- 
dent—41. 

Navs — Messrs.  Adams  of  Phillips.  Batson,  Bussey,  Clingman, 
Cryer,  Dollarhide,  Flanagin,  Floyd,  Fuller,  Gould,  Grace,  llanly, 
Hawkins  of  Ashley,  Hilliard,  Jchnsor.,  Lanier,  Mayo,  Patterson 
of  Jackson,  Ray,  Rhodes  Shelton,  Slenions,  Smcote,  Totten  ol 
Arkansas,  Totlcn  of  Prairie,  W'allace  and  Yell — 27. 

So  the  resolutions  were  adopted. 

On  motion  ot  Mr.  Patterson  of  Jackson,  5,000  copies  of  thf; 
ordinance  and  resolutions  were  ordered  to  bo  printed  for  the 
use  of  the  convention. 

On  motion  of  JMr.  Kennard,  the  convention  look  a  recess 
until  '2^  o'clock. 


94  JOURNAL    OF 


tlf    O  CLOCK,    P.    M. 


Convention  nir:t. 

Roll  called. 

rRF.st.Nx: 

Messrs.  Adams  of  Izard,  Austin,  Batsoi-!,  Bolinger,  Bradley, 
Bush,  Bussey,  Campbell,  Carrigan,  Crenshaw,  Cryer,  Cypert, 
Desha,  Dinsmore,  Dodson,  Fishback,  Floyd,  Fort,  Fuller,  Gar- 
land of  Hempstead,  Garland  of  Puia^^ki,  Gould,  Griffith. 
Gunttr,  Hawkins  of  Ashley,  llilliard,  Ilobbs,  Hohson,  Jester, 
Kelley,  Kennard,  Lanier,  Mansfield,  Mayo,  Murphy,  Parks, 
Patterson  of  Van  Buren,  Ray,  Rhodes,  Robinson,  Shelton,  Slem- 
ons,  Smith,  Smoote,  Stallings,  StlllvA-ell,  fetirrnan,  Stout,  Thoma- 
son,  Turner,  Walker,  Wallace,  Watkins,  Williams,  and  Mr. 
President — 53. 

Mr.  Bolinger  asked  ana.  obtained  leave  of  abn^ence  for  Mv. 
Walker,  on  account  of  indisposition. 

On  motion  of  Mr.  Thomason,  the  resolutions  introduced  by 
him  were  taken  up. 

JMr.  Thomason  moved  their  adoption,  and  Mr.  Smoote  moved 
a  call  of  the  house,  but  the  absentees  appearing  in  a  few 
moments  within  the  bar  of  the  convention,  withdrew  the  mo- 
tion. 

Mr.  Batson  then,  on  leave,  withdrew  the  substitute  ulitred  by 
him  to  the  resolutions  o(  Mr.  Thomason. 

Mr.  Watkins,  from  a  select  committee,  on  leave,  recorded  the 
votes  of  the  absentees,  on  the  vote  taken  this  morning  on  the 
resolutions  ofi'eredb}'  Mr.  Watkins,  as  instructed  by  such  absen- 
tees: 

Yeas — Messrs.  Jackson  and  Spivey — 2;  making  the  total  vote 
in  the  affirmative — 49. 

Nays — Messrs.  Hawkins  of  Sevier,  Laughinghouse  and  Ta- 
tum — 3. 

Mr.  Ecliols  asked  and  obtained  leave  to  record  his  vote  in  the 
ncgativ^e,  making  the.  total  vote  in  the  negative — 31. 

Mr.  Mayo  ollered  to  amend  the  resolutions  offered  by  Mr 
Thomason,  by  inserting  between  the  7th  and  8lh  proposed 
amendments  to  the  constitution,  the  following: 

Resolved,  1st.  That  whereas,  the  power  of  the  government 


THE    CONVENTION.  95 


of  the  United  States  has  passed  into  the  hands  of  a  strictly 
sectional  majority,  who  have  manifested  an  intention  to  render 
the  commerce  of  the  South  6ubi?ervient  to  the  interests  of  the 
North;  the  opinion  of  this  convention  is,  that  it  is  jiositively 
necessary  for  the  security  of  the  South,  that  the  aforesaid  gov- 
ernment be  forever  prohibited,  by  a  constitutional  enactment, 
from  levying  an  impost  beyond  a  strictly  revenue  point,  not  to 
exceed  25  per  cent,  in  any  one  case. 

Resolved,  2d.  That  whereas,  abolition  incendiaries  are  at- 
tempting to  corrupt  the  minds  of  the  Indians  upon  our  frontier, 
and  stirring  them  up  to  hatred  of  the  people  of  ihe  South — 
tluere  should  be  an  amendment  to  the  constitution  making  such 
acts  felony. 

Mr.  Mayo  then  moved  the  adoption  of  the  amendment,  and 
called  for  the  yeas  and  nays  on  the  motion,  which  call  being 
sustained,  was  ordered  and  had  with  the  following  result: 

Yeas — j\fessrs.  Adams  of  Izard,  Batson,  Clingman,  Cryer, 
Flanagin,  Floyd,  Gould,  Hilliard,  Lanier,  Mayo  and  Totten  of 
Arkansas — 11. 

Nays — Messrs.  Adams  of  Phillips,  Austin,  Bolinger,  Bradley, 
Bu^h,  Bussey,  Campbell,  Carrigan,  Crenshaw,  Cypert,  Desha, 
Dinsmorc,  Dodson,  Dollarhide,  Echols,  Fishback,  Fort,  Fuller 
Garland  of  Hempstead,  Garland  of  Pulaski,  Griffith,  Gunter, 
Hanly,  Hawkins  of  Ashley,  Hill,  Hobbs,  Hobson,  Jester,  Kel- 
ley,  Kcnnard,  Mansfield,  Murphy,  Parks.  Patterson  of  Van 
Buren,  Ray,  Rhodes,  Robinson,  Shelton,  Siemens  Snr>ith, 
Smoote,  Stallings,  Still  well,  Stirman,  Stout,  Thomason,  Totten 
of  Praiiie,  Turner,  Walker,  Williams  and  Mr.  President — 52. 

So  the  amendment  was  lost. 

Mr.  Maj^o  then  moved  to  amend  by  inserting  between  the 

7Th  and  8th  proposed   amendments  to  the  constitution   of  the 

United  States,  as  follows:  ^ 

Resolved,  That  whereas,  thfc  power  of  the  government  of  the 
United  States  has  passed  into  the  hands  of  a  strictly  sectional 
majority,  who  have  manifested  an  intention  to  render  the  com- 
merce of  the  South  subservient  to  the  interests  of  the  North; 
the  opinion  of  this  convention  is,  that  is  positively  necessary 
for  the  security  of  the  South,  that  the  aforesaid  government  be 
forever  prohibited,  by  a  constitutional  enactment,  from  kvying 
an  impost  beyond  a  strictly  revenue  point,  not  to  exceed  25  per 
cent,  in  any  one  case. 


• 
9G  JOURNAL    OF 


Mr.  Hanly  moved  the  adoption  of  ilie  amendment,  and  called 
for  the  yeas  and  nayson  the  motion,  which  being- sustained  was 
ordered  and  had,  with  the  following  result: 

Yeas — Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Batson, 
Bussey,  Clingman,  Crenshaw,  Cryer,  Dollarhide,  Echols,  Flana- 
gin,  Floyd,  Fuller,  Gould,  Grace,  Hanly,  Hawkins  of  Ashley, 
Hill,  Hilliard,  Johnson,  Lanier,  Mayo,  Rhodes,  Robinson,  Shei- 
ton,  Smoote,  Totten  of  Arkansas,  T.otten  of  Prairie  and  Wal- 
lace—28. 

Nays — ^-Tessrs.  Austin,  BoUnger,  Bradley,  Bush,  Campbell, 
Carrigan,  Cypert,  Desha,  Dinsmore,  Dodson,  Fishback,  Fort, 
Garland  of  Hempstead,  Garland  of  Pulaski,  Griffith,  Gunter, 
Hobbs,  Hobson,  Jester,  Kelley,  Kennard,  Mansfield,  Murphy, 
Parks,  Patterson  of  Vtm  Buren,  Ra}^,  Siemens,  Smith,  Stalling?, 
Stillwell,  Stirman,  Stout,  Thomason, Turner,  Walker,  Watkins, 
Williams  and  Mr.  President— 3S. 

Mr.  Patterson,  of  Jackson,  asked  to  be  and  was  excused  from 
voting. 

So  the  motion  to  amend  the  resolutions  did  not  nrevail. 

Mr.  Smoote  offered  to  amend  b}"  adding  after  the  third  recital 
of  grievances,  in  the  preamble  to  Mr.  Thomason's  resolutions, 
as  follows: 

"  They  have  clearly  indicated  by  their  platform  and  policy — 
by  their  state  legislation — by  the  acts  and  declarations  of  their 
leaders,  and  by  their  attacks,  in  various  ways,  on  the  institution 
of  African  slavery  in  the  states  where  it  now  exists,  that  it  is 
their  intention  to  finally  extinguish  slavery  in  the  slave  states."' 

Mr.  Smoote  moved  its  adoption. 

On  which  Mr.  Hanly  colled  for  the  yeas  and  nays;  which 
being  sustained,  was  ordered  and  had  with  the  following  re- 
sult: 

Yeas — Messrs.  Adams  of  Phillips,  Batson,  Bussey,  Clingman, 
Crenehaw,  Cryvr,  Dollarhide,  Echols,  Flanagin,  Floyd,  Fuller, 
Gould, Gr.-ice,  Hanly,  Hawkins;of  Ashley,  Hill,  Hilliard,  Johnson, 
Lanier,  Mayo.  .Patterson  of  Jackson,  Ray,  Rhodes,  Robinson, 
Shelton,  Ipmoote,  Tctten  of  Arkansas,  Totten  of  Prairie  and 
Wallace— 21). 
.     Nays— Messrs     Adanis    of   Izard,   Austin,    L-aber,    Br^ugv-r, 


THE    CONVENTION.  97 

Bradley,  Bush,  Campbell,  Carrigan,  Cypert,  Desha,  Dinsmore, 
Dodson,  Fishback,  Fort,  Garland  of  Hempstead,  Garland  of 
Pulaski,  Griffith,  Gunter,  Hobbs,  Hobson,  Jester,  Kelley,  Ken- 
nard,  Mansfield,  JNlurphy,  Parks,  Smith,  Stallings,  Stillwell, 
Stirman,  Stout,  Thomason,  Turner,  Watkins,  Williams  and 
Mr.  President— 30. 

bo  the  amendment  was  not  adopted. 

Mr.  Patterson,  of  Jackson,  offered  to  amend  the  last  clause 
of  the  second  paragraph,  proposing  amendments  to  the  consti- 
tution of  the  United  States,  as  follows: 

Provided,  That  no  state  shall  be  admitted  whose  territory 
shall  be  south  of  36  deg.  30  min.,  unless  it  is  provided  in  the 
constitution  of  such  state  that  slavery  shall  be  perpetual,  unless 
aboli.-hcd  by  a  majority  of  all  the  southern  states. 

Mr.  Patterson,  of  Jackson,  then   moved  its   adoption;  which 

was  lost. 

Mr.  Robinson  offered  the  following  amendment: 

To  strike  out  the  first  and  second  sections  of  the  proposed 
amendments  to  the  constitution  of  the  United  States,  to-wit: 
the  election  of  President  and  Vice  President,  and  the  formation 
of  a  geographical  line;  and  insert,  in  lieu  of  said  sections,  that 
property  in  slaves  of  the  African  race  be  placed  on  the  same 
footing  with  all  other  kinds  of  property,  such  as  ships,  manu- 
factories, etc. 

Mr.  Robinson  moved  its  adoption,  and  called  for  the  yeas  and 
nays,  which  being  sustained,  was  ordered  and  had  with  the 
following  result: 

Yeas — Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Batson, 
Bussey,  Crenshaw,  Cryer,  Dollarhide,  Floyd,  Fuller,  Grace, 
Hanly,  Hilliard,  Johnson,  Lanier,  Mayo,  Patterson  of  Jackson, 
Ray,  Rhodes,  Robinson,  Shelton,  Smoote,  Totten  of  Arkansas, 
Totten  of  Prairie,  Wallace  and   Yell — 25. 

Nays — I^.Tessrs.  Austin,  Baber,  Bolinger,  Bradlej',  Bush,  Camp- 
bell, Carrigan,  Clingman,  Cypert,  Desha,  Dinsmore,  Dodson, 
F'ishback,  Flanagin,  Fort,  Garland  of  Hempstead,  Garland  of 
Pulaski,  Grifiith,  Gunter,  Hill,  Hobbs,  Hobson,  Jester,  Kelley, 
Kcnnard,  Mansfield,  Murphy,  Parks,  Patterson  of  Van  Buren, 
Smith,  Stallings,  Stillwell,  Stirman,  Stout,  Thomason,  Turner, 
Walker,  Watkins,  Williams  and  Mr.  President — 40. 
7 


98  JOURNAL    OF 


Messrs.  Echols,  Gould,  Hawkins  of  Ashley,  and  Slemons, 
asked  to  be  and  were  excused  from  voting. 

So  the  motion  to  amend  did  not  prevail. 

]Mr.  Ilanly  offered  the  following  amendment  to  the  second 
specification  in  Mr.  Thomason's  resolutions: 

Amend  by  adding — 

"  They  have,  by  their  prominent  men  and  leaders,  declared 
the  doctrine  of  the  irrepressible  conflict,  or  the  assertion  of  the 
principle  that  the  institution  of  slavery  is  incompatible  with 
freedom;  that  both  cannot  exist  at  once;  that  this  continent 
must  be  wholly  free,  or  wholly  slave.  They  have  in  one  or 
more  instances  refused  to  surrender  negro  thieves  to  the  consti- 
tutional demand  of  the  constituted  authority  of  a  soveieign 
state." 

Which  amendment  was  accepted  by  Mr.  Thomason. 

Mr.  Adams,  of  Phillips,  offered  to  amend  the  second  proposed 
amendment  to  the  constitution  of  the  United  States,  by  striking 
out  the  words  "  with  or  without  slavery,  as  the  constitution  of 
such  new  state  may  provide;"  and  insert,  "  with  slavery  fully 
provided  for  in  and  by  the  constitution  of  such  new  state,  and 
not  otherwise." 

Mr.  Adams,  of  Phillips,  moved  its  adoption;  on  which, 

Mr.  Thomason  called  for  the  yeas  and  nays,  which  call  being 
sustained,  was  ordered  and  had  with  the  following  effect: 

Yeas — Messrs.  Adams  of  Phillips,  Batson,  Crenshaw,  Cryer, 
Dollarhide,  Floyd,  Grace,  Ilanly,  Hilliard,  Johnson,  Lanier, 
Mayo,  Patterson  of  Jackson,  Ray,  Rhodes,  Robinson,  Shelton 
and  Totten  of  Prairie — 18. 

Nays — Messrs.  Adams  of  Izard,  Austin,  Baber,  Bolinger,. 
Bradley,  Bush,  Campbell,  Carrigan,  Clingman,  Cypert,  Desha,, 
Dinsmore,  Dodson,  Fishback,  Flanagin,  Fort,  Garland  of  Hemp- 
stead, Garland  ot  Pulaski,  Gould,  Griffith,  Gunter,  Hawkins  of 
Ashley,  Hill,  Hobbs,  Ilobson,  Jester,  Kelly.  Kennard,  Mans- 
field, Murphy,  Parks,  Patterson  of  Van  Buren,  Slemons,  Smith, 
StalUngs,  Stillwell,  Stirman,  Stout,  Thomason,  Turner,  Wallace, 
Watkins,  Williams,  Yell  and  Mr.  President — 45. 

So  the  amendment  was  not  adopted. 

Messrs.  Echols,  Smoote,  and  Totten,  of  Arkansas,  asked  to 
be  and  were  excused  from  voting. 


THE    CONVENTION.  99 

Mr,  Maj'o  offered  the  following  amendment  as  an  additional 

resolution  to  those  introduced  by  Mr.  Thomason: 

"  A  RESOLUTION  OF  REDRESS. 

The  President  and  Vice  President  sliall  be  required  to  receive 
the  majority  of  the  electoral  votes  of  both  the  slave  and  non- 
sUveholding  states;  failing  in  that,  a  majority^  of  both  the  slave- 
holding  and  non  slavcholding  states  in  Congress," 

Mr.  Mayo  moved  its  adoptien, 

Mr.  Thomason  called  for  the  yeas  and  nays;  whereupon  Mr. 
Mayo  withdrew  the  proposed  amendmont,  and  offered  to  amend 
by  adding,  after  the  7th  proposed  amendment  to  the  constitu- 
tion of  the  United  States: 

Resoh?d,  That  whereas,  the  power  of  the  government  of  the 
United  States  has  passed  into  the  hands  of  a  strictly  sectional 
majority,  who  have  manifested  an  intention  to  render  the  com- 
merce of  the  South  subservient  to  the  interests  of  the  North; 
the  opinion  of  this  convention  is,  that  it  is  positively  necessary 
for  the  security  of  the  South  that  the  aforesaid  government  be 
forever  prohibited,  by  a  constitutional  enactment,  from  levying 
an  impost  beyond  a  strictly  revenue  point. 

After  some  discussion,  Mr.  Mayo,  on  leave,  withdrew  his 
amendment. 

Mr.  President  stated  the  question  to  be  on  the  adoption  of 
the  resolutions  as  amended. 

Mr.  Johnson  called  for  the  yeas  and  nays;  which  call  being 
sustained,  was  ordered,  and  had  with  the  following  result: 

Yeas — Messsrs,  Adams  of  Izard,  Austin,  Baber,  Bolinger, 
Bradley,  Bush,  Campbell,  Carrigan,  "Cypert,  Desha,  Dinsmore, 
Dodson,  Fishback,  Fort,  Garland  of  Hempstead,  Garland  of 
Pulaski,  Griffith,  Gunter,  Ilill,  Hobbs,  Jester,  Kelley,  Kennard, 
Mansfield,  Murphy,  Parks,  Patterson  of  Van  Buren,  Smith, 
Stallings,  Stillwell,  Stirman,  Stout,  Thomason,  Turner,  Wat- 
kins,  Williams,  and  Mr.  President — 37. 

Nays — Messrs.  Adams  of  Phillips,  Batson,  Bussey,  Crenshaw, 
Cryer,  Dollarhide,  Echols,  Flanagin,  Floyd,  Fuller,  Gould, 
Grace,  Hanly,  Hawkins  of  Ashley,  Hilliard,  Johnson,  Lanier, 
Mayo,  Patterson  of  Jackson,  Ray,  Rhodes,  Robinson,  Shelton, 
Siemens,  Smoote,  Totten  of  Arkansas,  Totten  of  Prairie,  Wal- 
lace and  Yell — 29. 

So  the  resolutions  as  amended  were  adopted. 


100  JOURNAL    OF 


On   motion   of  Mr.   Grace,  the  convention   adjourned  until 
9  o'clock  to-morrow  morning. 

DAVID  WALKER, 

Prcsidtnt. 


^ 


MJS^  "•  -•-^^^*»-  ' 


Tuesday,  March  2lst  1861. 
Convention  met  pursuant  to  adjournment. 
There  being  no  minister   of  the  gospel  in  attendance,  the 
opening  prayer  was  dispensed  with. 
Roll  called. 

present: 

Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin,  Baber, 
Batson,  Bolinger,  Bradley,  Bush,  Bussey,  Campbell,  Carrigan, 
Clingman,  Cryer,  Cypert,  Desha,  Dinsmore,  Dodson,  Dollar- 
hide,  Echols,  Fishback,  Flanagin,  Floyd,  Fort,  Fuller,  Garland  of 
Hempstead,  Garland  of  Pulaski,  Gould,  Griffith,  Gunter,  Hanly, 
Hawkins  of  Ashley,  Hawkins  of  Sevier,  Hill,  Hilliard,  Hobbs, 
Hobson,  Jester,  Johnson,  Keiley,  Kennard,  Lanier,  Mansfield, 
Mayo,  Murphy,  Parks,  Patterson  of  Jackson,  Patterson  of  Van 
Buren,  Ray,  Rhodes,  Robinson,  Shelton,  Slemons,  Smith,  Stal- 
lings,  Stillwell,  Stirman,  Stout,  Thomason,Totten  of  Arkansas, 
Totten  of  Prairie,  Walker,  Wallace,  Watkins,  Williams,  and 
Mr.  President— 67. 

Mr.  Robinson  asked  and  obtained  leave  of  absence  for  Mr. 
Crenshaw. 

Mr.  Bussey  asked  and  obtained  leave  of  absence  for  Messrs. 
Tatum  and  Smoote. 

Mr.  Gould  asked  and  obtained  leave  of  absence  for  Mr. 
Grace. 

The  journal  of  yesterday  was  read,  approved  and  signed. 

Mr.  Griiiith  moved  that  a  committee  of  three  be  appointed 
by  the  president,  as  a  committee  on  enrollments;  which  motion 


THE    CONVENTION.  101 

prevailed,  and  Messrs.    Griffith,   Gunter  and   Baber  were  ap- 
pointed such  committee. 

Mr.  Watkins,  from  a  select  committee,  on  leave,  reported  the 
votes  of  the  absentees,  at  the  taking  of  the  vote  on  the  adop- 
tion of  the  resolutions  of  Mr.  Thomascn,  as  amended. 

Yeas — Messrs.  Jackson,  Spivej'  and  Walker — o;  makinpf  the 
total  vote  in  the  affirmative,  40. 

Mr.  Ilanly,  from  the  same  committee,  cast  the  vote  of  Messrs. 
Tatum  and  Langhinghouse  in  the  negative. 

Mr.  Crenshaw  asked  and  obtained  leave  to  record  his  vote 
in  the  negative;  making  the  total  vote  in  the  negative,  32. 

Mr.  Johnson  moved  that  2,.'>00  copies  of  the  ordinance  and 
resolutions  passed  on  yesterday,  concerning  an  election  on  "co- 
operation and  secession,"  be  printed  in  addition  to  the  5,000 
already  ordered  lor  the  use  of  the  convention. 

Mr.  Kennard  moved  to  amend  by  saying  10,000  copies  in  a!' 
which  amendment  was  accepted,  and  the  motion  prevailed. 

Mr.  Gould  offered  the  following 

RESOLUTION: 

Resolved,  That  if  the  copies  of  the  ordinance  and  resolutions 
adopted  yesterday  be  not  in  readiness  for  distribution  before 
the  adjournment  of  this  convention,  the  secretary  is  directed  to 
send  by  mail,  copies  thereof  to  such  post  ofiices  as  the  dele- 
gates may  desire,  not  to  exceed  their  proportionate  number  of 
copies. 

On   motion  of  Mr.   Garland  of  Pulaski,  the  resolution  was 

adopted. 

^Ir.  Ciriffith  offered  the  following 

RESOLUTION: 

Resolved,  That  the  thanks  of  this  convention  be,  and  the 
same  are  hereby  tendered  to  Hon.  John  J.  Crittenden,  S.  A. 
Douglas,  A.  Rust,  and  others,  for  their  patriotic  edbrts  to  bring 
about  an  honorable  adjustment  of  our  existing  national  diffi- 
culties. 

Which,  on  motion,  was  adopted. 
Mr.  DoUarhide,  on  leave,  introduced  the  following 
ORDINANCE: 

An  ordinance  enlitkd  An  ordinance  to  aulhorizc  the.  President  of 


102  JOURNAL    OF 


tliis  Conventio7i,  hy  proclamation  or  otherwise,  to  convene  the 
same  at  any  time  between  this  and  the  I9lh  day  of  Aiigust,  A.  D. 
1861,  should  an  exigency  arise  between  the  passage  of  this  ordi- 
nance and  that  time,  in  the  opinion  of  said  President. 

Sec.  1.  Be  it  ordained  hy  the  people  of  the  Stale  of  Arkansas: 
in  convention  assembled,  That  the  president  of  this  convention 
be,  and  he  is  hereb}'  authorized  and  empowered,  by  proclama- 
tion or  otherwise,  to  convene  this  convention  at  any  time  be- 
tween this  and  the  I'Jth  day  of  August,  A.  D.  1801,  if  in  his 
opinion  an  exigency  should  arise  within  the  time  intervening 
between  the  adjournment  and  said  19th  day  of  August,  A.  D. 
1801. 

Skc.  2.  JJe  it  furtlier  ordained  by  the  authority  aforesaid,  That 
it  shall  be  the  duty  of  the  members  of  this  convention  to  reas- 
semble in  this  hall  at  the  time  that  may  be  appointed  by  the 
president  under  this  ordinance,  and  in  such  event,  the  delegates 
shall  be  entitled  to  the  same  mileage  and  per  diem  as  now  pro- 
vided by  law. 

Mr.  Dollarhide  moved  its  adoption;  which  motion  prevailed; 
and  the  ordinance  was  adopted. 

^Ir.  jMansfieldj  on  leave,  made  the  following 

REPORT: 

Mr.   President — 

The  committee  on  state  affairs,  to  whom  was  referred  so 
much  of  the  communication  of  his  excellency,  the  governor  of 
Arkansas,  to  this  convention,  as  related  to  the  United  States 
arsenal,  at  Little  Rock — and  to  whom  was  also  referred  a  reso- 
lution upon  the  same  subject,  have  considered  the  same,  and 
instructed  me  to  report  and  recommend  the  adoption  of  the 
following  resolutions: 

Resolved,  That  the  State  of  Arkansas  will  not  tolerate  the 
quartering  of  any  United  States  troops  at  the  arsenal  at  Little 
Rock,  until  the  present  controversy  between  the  northern  and 
southern  states  is  permanently  and  satisfactorily  settled. 

Resolved  further,  That  his  excellency,  the  governor  of  Arkan- 
sas be,  and  he  is  hereby  requested  to  hold  said  arsenal  upon 
the  terms  upon  which  the  same  was  delivered  to  him  by  the 
United  States  officer,  lately  in  command  thereof,  until  the  fur- 
ther direction  of  this  convention;  and  that  his  excellency  be 
further  requested  to  place  said  arsen  al  under  the  control  of  some 
prudent  individual,  who  shall  be  authorized  to  employ  sufficient 


THE    CONVENTION.  103 

K ' ■ 

assistance  to  safely  keep  and  preserve  the  arms,  munitions  and 
other  property  therein  stored  and  tjiereunto  belonging. 

W.  VV.  MANSFICLD, 

Chairman. 

Which  was  read,  and  on  motion  of  iMr.  Patterson  of  Jack- 
son, the  report  was  adopted;  and  on  the  further  motion  of  Mr. 
Garland  of  Pulaski,  the  resolutions  were  adopted. 

ivlr.  Gould  offered  the  following 

RESOLUTION: 

Resolved,  That  this  convention  elect  a  president  pm  tern.,  who 
shall  perform  all  the  duties  of  president,  in  case  of  the  death  or 
resignation  of  the  president. 

Mr.  Patterson  of  Jackson  moved  to  amend  the  resolution  by 
empowering  the  chairman  of  committee  on  federal  relations  to 
act  as  president  in  case  of  the  death  or  resignation  of  the  pre- 
sident of  this  convention. 

Which  amendment  was  accepted,  and  on  motion  of  Mr.  Pat- 
terson, the  resolution,  as  amended,  was  adopted. 

Mr.  Garland  of  Pulaski  offered  the  following 

RliSOLUTION: 

Whereas,  An  attempt  on  the  part  of  the  general  government 
to  execute  the  laws  in  any  of  the  seceded  states,  would,  in  our 
opinion,  lead  to  civil  war;  a  result  to  be  dreaded  and  deplored 
by  all  men. 

Resolved,  That  this  convention  recommend  to  the  general 
government  the  propriety  of  recognizing,  at  as  early  day  as 
practicable,  the  independence  of  such  states,  now  united  under 
a  common  government,  dc  facto,  at  Montgomery,  x\labama,  and 
treat  with  the  government  of  such  states,  as  a  separate  and 
independent  government,  relative  to  the  disposition  of  the  fotts, 
arsenals  and  dock  yards,  in  any  of  such  states,  in  order  that  all 
matters  connected  therewith  may  be  amicably  and  peaceably 
adjusted. 

Which  was  read,  and  on  motion  of  Mr.  Garland  of  Pulaski, 
adopted. 

Mr.  Turner,  on  leave,  called  up  the  report  of  the  committee 
on  federal  relations,  which  wa?  read  for  information,  and  on 
motion  of  Mr.  Watkins,  was  adopted. 

Mr.  Desha  offered  the  following 


104  JOURNAL    OF 


RESOLUTION: 

Resolved,  That  we  earnestly  and  respectfully  remonstrate 
af-^ainst  our  sister  border  states  taking  any  part  in  any  action 
on  the  part  of  the  federal  government,  tending  towards  a  recap- 
ture or  retaking  of  any  of  the  forts,  arsenals  or  dockyards,  in 
any  of  the  seceded  states.  But  we  earnestly  hope  that  they 
will  firmly  maintain  a  pacificatory  course,  and  use  every  patri- 
otic and  manly  effort  to  bring  about  an  honorable  and  amicable 
adjustment  of  our  present  diificulties,  and  to  restore  peace  and 
harmony  to  the  country. 

Mr.  Cypert  moved  to  amend  by  saying  "  border  states,  slave 
or  free,"  instead  of  '•  border  states;"  which  amendment  was 
accepted,  and  the  resolution,  as  amended,  was,  on  motion  of 
Mr.  Desha,  adopted. 

Mr.  Patterson,  of  Jackson,  offered  the  following 

RESOLUTION: 

Bcsolvcd,  That  the  policy^  of  Arkansas  in  the  present  crisis  of 
the  country,  should  be  to  maintain  amity  and  good  feeling  with 
the  cotton  states,  inasmuch,  as  in  the  event  of  no  satisfactory 
adjustment  being  had  between  the  sections,  the  destiny  of 
Arkansas  will  be  with  them. 

Mr.  Smith  moved  to  amend  the  resolution  by  inserting  after 
the  word  "  cotton,"  the  words  "  and  other  slave." 

Mr.  Smith  moved  the  adoption  of  the  amendment. 

Mr.  Desha  moved  a  call  of  the  convention,  which  being  had, 
it  appeared  that  Messrs.  Baber,  Fishback,  Floyd,  Fort,  Fuller 
and  Hanly,  were  absent  without  permission,  and  the  president 
instructed  the.  sergeant-at-arms  to  procure  the  attendance  of 
the  absentees. 

On  motion  of  Mr.  Desha,  the  call  was  suspended,  and  Mr. 
Carrigan,  on  leave,  offered  the  following: 

Whereas,  During  the  sitting  of  this  convention,  the  gr  ^  com- 
pany, of  Little  Rock,  having  furnished  gas  for  the  u-^e  of  the 
convention,  amounting,  in  price,  to  $19  95. 

Resolved,  That  the  president  of  this  convention  certify  for 
payment  the  account  for  the  same,  herewith  tendered,  as  other 
expenses  of  this  convention. 

Which,  on  motion  of  Mr.  Carrigan,  was  adopted. 

Mr.  Stallings  made  the  following 


THE    CONVENTION.  105 


REPORT: 

Mr.  President — 

The  committee  on  ways  and  means  respectfully  report 
the  accompanying  rev«:olution,  and  recommend  its  adoption: 

Rf solved,  That  a  sulficient  amount  of  money  be  appropriated 
to  pay  the  a,ccompanying  accounts,  in  all  i$ll. 

STALLINGS,  Chainnnv. 

Which  report  was  received;  and  the  resolution,  on  motion  of 
i\Tr.  Kelley,  was  adopted. 

JMr.  Griffith  made  the  following 

REPORT: 

JMr.  President — 

Your  committee  on  enrollments  respectfully  report  that 
they  have  compared  the  ordinance  entitled  "  an  ordinance  to 
provide  for  holding  an  election  in  the  State  of  Arkansas,  for 
the  purpose  of  taking  the  sense  of  the  people  of  the  state  on 
the  question  of  "  co-operation,"  or  "secession,''  as  enrolled, 
with  the  original,  as  it  passed  the  convention,  and  that  the  same 
is  correctly  enrolled. 

GRIFFITH,  Chairman. 

Which  was  read  and  received. 

Upon  motion  of  Mr.  Thomason,  the  convention  proceeded  to 
an  election  for  five  delegates  to  the  Border  State  Convention; 
and  Mr.  President  announced  that  nominations  would  be  in 
order,  whereupon, 

Mr.  Kelly  nominated  lion.  Albert  Rust. 

Mr.  Carrigan  nominated  lion.  S.  H.  Hempstead. 

Mr.  Turner  nominated  Hon.  T.  H.  Bradley. 

Mr.  Hobson  nominated  Hon.  E.  A  Warren. 

Mr.  Campbell  nominated  Hon.  J.  P.  Spring. 

There  being  no  other  nominations,  the  above  named  gentle- 
men were  elected  by  acclamation. 

Mr.  Floyd  offered  the  following 

RESOLUTION: 

Resolved,  That  this  convention  tenders  its  thanks  to  the  Revs. 
Messrs.  Wheat,  Welch,  Stanley,  Watson  and  Plattenburg,  for 
their  services  in  opening  its  sessions  with  prayer. 

Which,  on  motion  of  Mr.  Garland  of  Pulaski,  was  adopted. 

Mr.  Thomason  offered  Ihe  following 


106  JOURNAL    OF 


RESOLUTION: 

Resolved,  That  the  President  of  this  convention  be,  and  he  is 
'hereby  authorized,  and  required,  to  fill  by  appointment  any 
vacancy  that  may  from  any  cause  occur  in  the  delegation  of 
rive  elected  to  attend  the  border  slave  states  convention,  pursu- 
ant to  resolutions  heretofore  adopted. 

Which,  upon  motion  of  Mr.  Thomason,  was  adopted. 

Mr.  Garland  of  Hempstead  oflered  the  following 

RESOLUTION: 

f     Resolved,  As  the  sense  of  this  convention,  that  the  people  of 
'    Arkansas  nrefer  a  perpetuity  of  this  Federal   Union  to  Its  dis- 
memberment, or  disruption — provided  it  can  be  perpetuated  upon 
a  basis  guaranteeijii^   equal  rights  and  privileges  to  all  the  states 
alike,  south  as  loell  as  north. 

Resolved  further,  That  whenever  time  shall  have  proven  the 
Constitution  of  the  United  States  to  be  in  any  particular  defi- 
cient; or  whenever  disputes  shall  arise  upon  questions  touching 
which  the  constitution  is  not  explicit;  it  is  more  in  accordance 
with  the  spirit  and  genius  of  our  government,  as  understood  by 
its  framers,  to  meet  in  conventions  of  the  people  for  the  pur- 
pose of  taking  into  consideration  the  causes  and  nature  of  our 
complaints,  and  of  amending  the  constitution  to  meet  the  exi- 
gency, than  to  overthrow  or  change  our  present  form  of  gov- 
ernment. 

Mr.  Cypert  moved  the  adoption  of  the  resolutions. 

Mr.  Mayo  offered  to  amend  the  resolutions  as  follows* 

But  in  making  this  declaration  of  a  mere  abstract  opinion, 
truth  and  justice  compels  this  convention  to  declare  the  power 
of  the  federal  government  now  being  entirely  in  the  hands  of 
a  sectional  black  republican  party,  who  ai'e  entirely  unfriend- 
ly to  the  domestic  institutions  of  the  south,  and  there  is 
almost  a  positive  certainty  that  emissaries  are  now  being  sent 
to  the  Indians  on  our  frontier,  to  spread  the  dreadful  heresy  df 
abolition  among  them;  Mr.  Dale,  a  notorious  abolitionist, 
being  appointed  to  the  head  of  that  department;  and  who  has 
declared  the  power  of  this  government  shall  be  used  to  destroy 
African  slavery  whenever  the  power  of  the  federal  govern- 
ment could  be  brought  to  bear  upon  it,  and  who  has  announced 
a  policy  destructive  of  southern  commerce — all  attempts  hav- 
ing failed  of  adjustment,  longer  delay  to  dissolve  the  ties  that 
bind  Arkansas  to  the  Federal  Union,  is'  fraught  with  serious 
danger,  both  to  domestic  quietude  and  prosperity. 


THE    CONVENTION.  107 


Mr.  Cypert  moved  to  lay  the  amendment  on  the  table,  on 
which  motion,  Mr.  Mayo  called  for  the  yeas  and  nays,  which 
call  being  sustained,  was  ordered,  and  had  with  the  following 
result: 

Yeas— Messrs.  Adams  of  Izard,  Austin,  Baber,  Colinger, 
Bradley,  Bush,  Campbell,  Carrigan,  Cypert,  Desha,  Dinsmore, 
Dodson,  Fishback,  Fort,  Garland  of  Hempstead,  Garland  of 
Pulaski,  Griffith,  Gunter,  Hobbs,  Hobson,  Jester,  Kelley,  Ken- 
nard,  Mansfied,  Murphy,  Parks,  Patterson  of  Van  Buren,  Slem-  , 
ons,  Smith,  Stallings,  Stirman,  StillwcU,  Stout,  Thomason,  Tur- 
ner, WalTter,  Watkins,  Williams,  Yell  and  Mr.  President— 39. 

Nays— Messrs.  Adams  of  Phillips,  Batson,  Bussey,  Clingman. 
Cryer,  Dollarhide,  Echols,  Flanagin,  Floyd,  Gould,  Hawkins  of 
Sevier,  Mill,  Hilliard,  Johnson,  Lanier,  Mayo,  Patterson  of  Jack- 
son, Ray,  Rhodes,  Robinson,  Shelton,  Totten  of  Arkansas,  Tot- 
ten  of  Prairie  and  Wallace — 24. 

So  the  amendment  was  laid  on  the  table. 

The  question  was  then  stated  by  Mr.  President,  to  be  on  the 
adoption  of  the  resolution,  on  which,  Mr.  Carrigan  called  for 
the  yeas  and  nays,  which  was  sustained,  ordered,  and  had  with 
the  following  result: 

Yeas— Messrs.  Adams  of  Izard,  Austin,  Baber,  Bolinger, 
Bradley,  Bush,  Campbell,  Carrigan,  Cypert,  Desha,  Dinsmore, 
Dodson,  Fishback,  Flanagin,  Fort,  Garland  of  Hempstead,  Gar- 
land of  Pulaski,  Griffith,  Gunter,  Hobbs,  Hobson,  Jester,  Kel- 
ley, Kennard,  Mansfield,  Murphy,  Parks,  Patterson  of  Van 
Buren,  Robinson,  Smith,  Stallings,  Stirman,  Stout,  Stillwell, 
Thomason,  Turner,  Walker,  Watkins,  Williams  and  Mr.  Presi- 
dent—40. 

Nays — Messrs.  Adams  of  Phillips,  Batson,  Bussey,  Clingman, 
Cryer,  Dollarhide,  Echols,  Floyd,  Gould,  Hawkins  of  Ashley, 
Hawkins  of  Sevier,  Hilliard,  Johnson,  Lanier,  Mayo,  Patterson 
of  Jackson,  Ray,  Rhodes,  Shelton,  Siemens,  Totten  of  Arkan- 
sas, Totten  of  Prairie,  Wallace  and  Yell — 24. 

Mr.  Hill  asked  to  be,  and  was  excused  from  voting. 

Mr.  Flanagin  explained  his  vote  as  follows,  and  asked  that 
it  be  spread  on  the  journals,  which  was  so  ordered. 


108  JOURNAL    OF 


«P 


"I  assent  to  the  abstract  declarations  in  the  above  resolu- 
tions, but  hold  that  we  cannot  get  sufficient  guarantees  to 
remedy  the  present  evils,  and  if  we  could,  they  vi^ould  not  be 
observed." 

Mr.  Kennard  oflered  the  following 

RESOLUTION: 

Resolved,  That  every  delegate  in  this  convention  be  author- 
ized and  requested  to  write  out  in  full  his  views  upon  every 
conceivable  question  connected  with  the  present  condition  of 
affairs,  and  have  them  spread  upon  the  records  of  the  conven- 
tion, or  published  in  the  newspapers,  ad  libitum,  a^  his  own 
expense. 

Mr.  Yell  moved  its  adoption. 

Mr.  Watkins  moved  to  postpone  the  resolution  indefinitely, 
which  motion  prevailed. 

Ml'.  Floyd  oflered  the  following 

RESOLUTION: 

Resolved,  That  5,000  copies  of  the  journals  of  this  convention 
be  printed  at  as  early  a  day  as  possible,  and  that  the  public 
printer  be  required  to  send  to  each  member  of  this  convention, 
by  mail,  the  equal  share  he  is  entitled  to. 

The  sergeant-at-arms  reported  that  the  absv  ntees  were  with- 
in the  bar  of  the  convention. 

Mr.  President  stated  the  question  to  recur  upon  th'^  amend- 
mendment  offered  by  Mr.  Smith,  to  the  resolution  offered  by 
Mr.  Patterson  of  Jnckson,  which  had  been  postponed  under  the 
rule  for  one  hour. 

]Mr.  Smith  then  called  for  the  yeas  and  nays  on  the  motion 
to  amend,  v.4iich  was  sustained,  ordered,  and  had  with  the  fol- 
lowing result: 

Yeas — Messrs.  Adams  of  Izard,  Austin,  Paber,  Bolinger, 
Bradley,  Bush,  Campbell,  Carrigan,  Cypert,  Desha,  Dinsmore, 
Dodson,  Fishback,  Fort,  Garland  of  Hempstead,  Garland  of 
Pulaski,  GrifTith,  Gunter,  Hobbs,  Hobson,  Jester,  Kelley,  Ken- 
nard, Mansfield,  Murphy,  Parks,  Patterson  of  Van  Buren,  Rob- 
inson, Smith,  Stallings,  Stillwell,  Stirman,  Stout,  Thomason, 
Turner,  Walker,  Watkins,  Williams  and  Mr.  President— ^9. 

Nays— Messrs.  Adams  of  Phillips,  Batson,  Bussey,  Ciingman, 
Cryer,  Dollarhide,  Echols,  Flanagin,  Floyd,  Gould,  Hanly,  Haw- 


THE    CONVENTION.  109 

kins  of  Ashley,  Hawkins  of  Sevier,  Hill,  Hilliard,  Johnson, 
Lanier,  Moyo,  Patterson  of  Jackson,  Hay,  Rhodes,  Shelton. 
Slemons,  Totten  of  Arkansas,  Totten  of  Prairie,  Wallace  and 
Yell— 27. 

So  the  amendmf  nt  to  the  resolution  was  adopted. 

Mr.  Totten  of  Prairie,  moved  to  artiend  the  resolution  as 
follows: 

Amend  by  inserting  after  the  words  "  cotton  and  other  slave 
states,"  the  words  "  which  may  join  them." 

Which  was  adopted. 

Mr.  Patterson,  on  leave,  then  withdrew  the  resolution,  and 
Mr.  Smith  withdrew  the  amendment. 

Mr.  Watkins  offered  the  following  as  an  amendment  to  the 
resolution  offered  by  Mr.  Floyd: 

Resolved,  1.  That  the  secretary  of  this  convention  be,  and 
he  is  hereby  required,  immediately  after  the  adjournment  of  this 
convention,  to  lile,  or  cause  to  be  filed  in  the  office  of  the  sec- 
retary of  state,  the  journal  of  this  convention,  and  that  the 
secretary  of  state  have,  as  hereafter  provided  for,  five  thousand 
copies  of  the  same  printed  and  distributed  in  the  respective 
counties. 

Resolved,  2.  That  the  secretary  of  state  be,  and  he  is  hereby 
instructed  to  enroll  and  file  in  his  office,  the  ordinances  and 
resolutions  of  this  convention;  also,  furnish  the  public  printer 
with  a  certified  copy  thereof,  superintend  the  printing  of  the 
same  at  the  earliest  day  possible;  and  that  the  secretary  fur- 
nish the  clerks  of  the  counties  in  this  state,  with  such  number 
of  copies,  in  proportion  to  the  representation  thereof,  in  this 
convention.  ' 

Resolved,  3.  That  for  copying,  reading  proof,  superintending, 
printing  and  distributing  the  journals  as  above  spec. lied,  the 
secretary  of  state  shall  be  allowed  the  same  fees  in  proportion 
to  the  work  done,  as  he  is  now  allowed  by  law  for  similar  ser- 
vices, in  copying,  reading  proof  and  distributing  the  acts  and 
journals  of  the  legislature  of  this  state. 

Which  amendment  was  accepted  by  Mr.  Floyd. 

Afterwards,  on  leave,  Mr.  Watkins  withdrew  tj[ie  amend- 
ment, and  Mr.  Kennard  offered  the  following  as  a  substitute 
for  the  resolution: 

Resolved,  That  the  secretary  of  this  convention  be,  and  he 
is  hereby  instructed  to  file  the  journals  of  this  convention,  when 


110  JOURNAL    OF 


the  convention  shall  adjourn,  in  the   ofRce  of  the  secretary  of 
state. 

Resnived,  Tiiat  the  secretary  of  this  convention  superintend 
the  printing  and  distribution  of  the  journals  of  the  convention, 
and  that  for  his  services  in  copying  said  journals,  furnishing 
the  same   to  the  public  printer,  reading  the  proof-sheets,  and 

distributing  them  when  printed,  he  be  allowed  the  sum  of 

dollars. 

Rcsolvcdy  That  two  thousand  copies  of  the  journals  be  printed 
and  distributed  to  the  several  counties,  in  the  same  manner  and 
in  the  same  proportion  that  the  acts  of  the  General  Assembly 
are  now  required  by  law  to  be  distributed. 

Resolved,  That  the    secretary  of  this    convention    furnish    a 
copy  of  the  journals,  as  soon   as  printed,  to  each  of  the  dele 
gates  of  the  convention,  to  be  sent  to  them  by  mail. 

Which  substitute,  on  motion,  prevailed. 

Mr.  Gould  moved  that  the  blank  in  the  2d  resolution  be 
amended  so  as  to  allow  the  secretary  the  same  pay  proposed 
to  be  allowed  to  the  secretary  of  state,  in  the  resolution  offered 
by  Mr.  Watkins;  which  motion  prevailed. 

Mr.  Griffith,  from  the  committee  on  enrollments,  made  the 
following 

REPORT: 

Mr.  President — 

The  committee  on  enrollments  have  examined  the  en- 
rollment of  the  resolutions  adopted  on  the  20th  inst.,  in  rela- 
tion to  a  convention  of  border  slave  states. 

Also,  the  ordinance  providing  for  the  president  to  convene 
this  convention  between  this  time  and  the  19th  of  August  next; 
and  instruct  me  to  report  the  same  correctly  enrolled. 

GRIFFITH,  Chairman. 

Which  was  received. 

Mr.  Campbell  oflered  the  following 

RESOLUTION: 

Rc.tolved,  That  the  thanks  of  this  convention  be  tendered  to 
the  Hon.  David  Walker,  for  his  prompt  and  efficient  services  as 
presiding  officer  over  our  deliberations;  and  also  to  the  secre- 
tary, assistant  secretary,  door  keeper  and  other  officers  for  the 
faithful  performance  of  their  respective  duties. 

Which,  on  motion  of  Mr.  Gould,  was  adopted. 

Mr.  Cypert  moved  that  5,000  copies  of  Mr.  Thomason's  reso- 


THE    CONVENTION.  Ill 

lutions  be  printed  for  the  use  of  the  members  of  the  conven- 
tion; which  motion  prevailed,  and  the  i>ecretary  was  instructed 
to  transmit  the  same  by  mail  to  the  delegates  in  proportion  to 
the  representation. 

On  motion  of  IMr.  Totten  of  Arkansas,  the    convention   ad- 
journed until  the  10th  day  of  August,  A.  D.,  18G1. 

DAVID   WALKER, 

Frcsideiit. 


JOURNAL 


OP    THE 


CALLED   SESSIOj^T 

Of  the  Convention  of  Arkansas 


BEGUN    AND    HELD    AT    LITTLE     ROCK.    ON    MONDAY,    THE    SIXTH    DAY     OF 
MAY,    A.    D.     1861. 


Monday,  May  Cth,  1661. 
Pursuant  to  a  proclamation  of  the  President  of  the  conven- 
tion, the  convention  assembled  this  day  in  the  hall  of  the  House 
of  Representatives  at  10  o'clock,  which  said  proclamation  is  in 
words  and  figures  as  follows,  to-wit: 

PROCLAMATION   of  the   President  of  the    Convmtion  of  the 
People  of  the  State  of  Arkansas,  reconvening  the  Convention. 

Whereas,  By  an  ordinance  of  the  state  convention,  passed 
on  the  21st  day  of  March,  A.  D.  1861,  it  was  ordained  that  the 
President  of  the  convention  be  authorized  and  empowered  to 
convene  the  convention  at  an  earlier  day  than  the  19th  of 
August,  A.  D.  1861,  if  in  his  opinion  an  exigency  should  arise 
requiring  the  same. 

And  irhcreas,  From  reliable  information,  1  am  satisfied  that 
preparations  are  being  made  for  a  war  between  the  citizens  of 
the  free  and  slave  states,  in  which  the  safety,  peace  and  pros- 
perity of  the  people  of  Arkansas  are  involved,  and  for  the 
preservation  of  which  we  must  provide:  for  which  purpose,  in 
my  opinion,  the  convention  should  be  convened  at  the  earliest 
practicable  time. 

Now,  therefore,  I  David  Walker,  President  of  the  Convention. 
8 


114  JOURNAL    OF 


under  the  authority,  and  in  accordance  with  the  provisions  of 
said  ordinance,  do  declare  and  make  known  that  a  conventit)n 
will  be  holdon  on  Monday,  the  sixth  day  of  May,  A.  D.  1861,  at 
the  city  of  Little  Rock,  when  and  where  the  delegates  to  ?aid 
convention  are  notified  to  attend  as  required  by  the  second^ 
section  of  said  ordinance. 

In  testimony  vhtrcof,  I  have  hereunto  set  my  hand  as  such 
President,  this  20th  day  of  April,  A.  D.  18G1. 

DAVID  WALKER. 

By  E.  C.  BouorNOT, 

Secretary  of  Convention. 

The  convention  was  then  called  to  order,  and  the  session 
opened  with  prayer  by  Rev.  Mr.  Quaite, 

The  roll  was  then  called,  and  the  following  delegates 
answered  to  their  names. 

Rlessrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin,  Baber, 
Batson,  Bolinger,  Bradley,  Bush,  Bussey,  Campbell,  Carrigan, 
Clingman,  Crenshaw,  Cryer,  Cypert,  Desha,  Dinsmore,  Dodson, 
Dollarhide,  Echols,  Fishback,  Flanagin,  Floyd,  Fort,  Fuller, 
Garland  of  Hempstead,  Garland  of  Pulaski,  Grace,  Griffith, 
Gunter,  Hanly,  Hawkins  of  Ashley,  Hawkins  of  Sevier,  Hill, 
Hilliard,  Hobbs,  Hobson,  Johnson;  Kelley,  Kennard,  Lanier, 
Laughinghouse,  Mansfield,  Mayo,  Murphy,  Parks,  Patterson  of 
Jackson,  Ray,  Rhodes,  Robinson,  Shelton,  Slemona,  Smith, 
Smoote,  Spivey,  Stallings,  Stillwell,  Stout,  Tatum,  Thomason, 
Totten  of  Arkansas,  Totten  of  Prairie,  Turner,  Walker,  Wal- 
lace, Watkins,  Yell  and  Mr.  President — ^68. 

A  quorum  being  present,  Mr.  President,  after  a  few  remarks, 
announced  that  the  convention  was  ready  to  proceed  to  the 
tran;  action  of  business. 

Mr.  Hanly  moved  that  the  member  elect  from  Fulton  county, 
(Mr.  Cochran,)  present  himself  and  his  credentials  for  a  seat 
as  delegate  to  this  convention. 

Mr.  Batson  moved  to  aniend  by  instructing  the  secretary  of 
state  to  report  the  result  of  the  election  for  such  delegate  from 
Fulton  county,  which  amendment  was  accepted,  and  the 
motion  prevailed. 

Mr.  Adams  of  Phillips,  offered  the  following 


THE  CONVENTION.  115 


RESOLUTION: 

Resolved,  That  the  committee  on  ordinances  and  resolutions 
be,  and  they  are  hereby  directed  to  report  at  or  before  2  o'clock 
p.  m.  of  this  day,  to  this  convention,  an  ordinance  providing^ 
i'or  the  immediate  and  unconditional ,  dissolution  of  the  union 
now  subsisting  between  the  State  of  Arkansas  and  the  govern- 
ment known  as  the  United  States  of  America. 

Mr.  StillwtU  moved  to  amend  by  striking  out  "  2  o'clock  P. 
M.  of  this  day,"  and  insert  in  lieu  thereof,  "  10  o'clock  to-mor- 
row morning."' 

Which  proposed  amendment,  after  some  discussion,  was 
withdrawn. 

Mr.  Tatum  moved  to  amend  by  striking  out  "  2  o'clock,"  and 
insert  "3  o'clock"  in  lieu  thereof. 

Which  amendment  was  accepted,  and  the  resolution,  as 
amended,  was  adopted. 

Mr.  Murphy  offered  the  following 

RESOLUTION: 

Resolved,  That  in  view  of  the  dangers  that  surround  the 
southern  states,  it  becomes  the  State  of  Arkansas  to  put  the 
whole  population  on  a  war  footing  as  speedily  as  possible;  tLe 
committee  on  military  affairs  are  theretbre  instructed  to  pre- 
pare and  report  a  plan  for  the  efficient  organization  and  arm- 
ing of  the  state,  and  report  the  same  as  soon  as  practicable. 

Which  was  adopted. 

Mr.  Totten  introduced  the  following  ordinance: 

ORDINANCE  No.  1. 

An  Ordinance  in  regard,  to  Foreign  Indchtcdiiess  in  the  Slate  of 
Jirhmsas,  and  with  regard  to  other  objects. 

Sf.ction  1.  Be  it  ordained  by  the  people  of  Arkansas  in  conven- 
tion assenrhled,  That  all  the  debts,  of  whatever  kind  due  or  to 
become  due  hereafter,  whether  the  same  be  evidenced  by 
record,  bond,  note,  bill  of  exchange  or  by  other  proof,  and 
whether  such  indebtedness  is  dischargeable  by  money,  property 
or  in  other  choses  of  action  where  the  duty  of  payment  is  due 
or  to  become  due  upon  resident  or  citizen  of  the  State  of  Arkan- 
sas, and  is  due  or  is  to  become  due  to  a  resident  or  citizen  of 
the  State  of  Maine,  the  State  of  Rhode  Island,  the  State  of 
Massachusetts,  the  State  of  Vermont,  the  State  of  i>few  Hamp- 
shire, the  State  of  Connecticut,  the  State  of  New  York,  the 


116  JOURNAL    OF 


State  of  Jersey,  the  State  of  Pennsylvania,  the  State  of  Ohio, 
the  State  of  Indiana,  the  State  of  Illinois,  the  State  of  Michi- 
gan, the  State  of  Iowa,  the  State  of  Wisconsin,  the  State  of 
iMinnesota,  the  State  of  California,  the  State  of  Oregon,  or  of 
the  State  of  Kansas,  or  to  a  resident  or  citizen  of  the  territory 
of  Nebraska,  the  territory  of  Utah,  Washington,  Dacotah, 
Nevada  or  Colorado,  be,  and  the  same  is  hereby  distrained  and 
appropriated  to,  and  for  the  use  and  benefit  of  the  State  of 
Arkansas,  and  paynfients  thereof  are  hereafter  to  be  made  to 
the  State  of  Arkansas  in  such  manner  as  shall  be  provided  by 
ordinance  of  this  convention,  or  by  enactment  of  the  legislature 
of  the  state,  and  all  other  payments  are  hereby  prohibited  and 
declared  null  and  void,  and  the  party  making  the  same  shall 
be  responsible  to  the  state  for  the  full  value  of  such  payment 
of  money  or  of  delivery  of  property  or  chose  in  action. 

Sec.  2.  Be  it  fiLrther  ordained,  I'hat  all  money,  property  and 
choses  in  action  tliat  are  now  in  possession,  or  that  may  here- 
after come  to  the  possession  of  any  attorney,  marshal,  sherilf, 
agent  or  other  person  in  this  state  for  the  use  or  benefit  of  any 
citizen  or  resident  in  any  of  the  aforesaid  states  or  territories, 
be,  and  tiie  same  is  hereby  distrained  and  appropriated  to  and 
for  the  use  and  benefit  of  the  State  of  Arkansas,  and  that  all 
payments  or  delivery  thereof,  otherwise  than  such  as  may  be 
hereafter  provided  by  ordinance  of  the  convention  or  enact- 
ment of  the  legislature,  shall  be  null  and  void,  and  the  party 
making  such  paj^ment,  or  delivering  such  property  or  chose  in 
action,  contrary  to  the  true  intent  thereof,  shall  be  liable  to 
the  state  for  the  full  value  thereof. 

Sec.  3.  Be  it  furthtr  ordained,  That  all  land  or  real  estate 
of  whatever  kind,  the  title  or  ownership  whereof  is  in  a  citizen 
or  citizens,  resident  or  residents  of  any  of  the  aforesaid  states 
or  territories,  be  forfeited  and  revert  to  the  State  of  Arkansas 
for  the  use  and  benefit  of  said  state,  and  that  the  title  to  such 
lands  shall  be  disposed  of  as  the  convention  or  legislature  may 
hereafter  direct. 

Sec.  4.  Bt  it  ftirthcr  ordained,  That  all  sales  of  property' 
under  legal  process  for  collection  of  such  debts  as  are  described 
in  the  first  section  of  this  ordinance,  the  use  and  benefit  vi'hereof 
is  going  to  citizens  or  residents  of  any  of  the  states  or  territo- 
ries aforementioned,  be,  and  the  same  is  hereby  prohibited, 
until  otherwise  ordered  by  the  convention  or  by  enactment  of 
the  legislature. 

Which  was  read,  and  upon  motion  of  Mr.  Hanly,  100  copies 
of  said  ordinance  were  ordered  to  be  printed. 

Mr.  Yell  moved  to  refer  said  oi'dinance  to  the  committee  on 
state  affairs,  which  motion  prevailed. 


THE    CONVEXTIOX.  117 

Upon  motion  of  Mr.  Patterson  of  Jackson,  the  names  of  the 
members  of  the  standing  committees  were  called,  that  the 
places  of  the  absentees  might  be  filled  by  the  President;  where- 
upon it  appearing  that  Mr.  Stirman  from  the  committee  on 
state  affairs  was  absent,  Mr.  Spivey  wa3  appointed  in  his 
stead,  and  it  also  appearing  that  Mr.  Gould  from  the  committee 
on  ordinances  and  resolutions  was  absent,  Mr.  Hawkins  of 
Ashley,  was  appointed  in  his  place. 

Mr.  Johnson  ollered  the  following 

RESOLUTION: 

Resolved,  That  this  convention  indorse  truly  and  unconstitu- 
tionally the  action  of  certain  citizens  of  this  state  who  partici- 
pated in  the  capture  and  seizure  of  certain  boats  and  vessels 
at  Pine  BlufF,  Napoleon  and  Helena  in  this  state,  and  hereby 
approve  the  action  of  those  who  have  detained  the  same  or  the 
cargoes  of  said  boats  and  vessels  since  their  capture. 

Which  resolution,  upon  the  motion  of  Mr.  ]\Iansfield,  was 
referred  to  a  select  committee  of  five;  and  Mr.  President  ap- 
pointed Messrs.  Johnson,  Totten  of  Prairie,  Spivey,  Fishback 
and  Floyd  such  committee. 

Mr.  Totten,  of  Prairie,  presented  the  following  certificate 
from  the  secretary  of  state: 

I,  John  I.  Stirjiian,  secretary  of  state,  do  hereby  certify  that> 
at  a  special  election  held  in  Fulton  county,  State  of  Arkansas, 
on  the  15th  day  of  April,  A.  D.  1861,  for  delegare  to  the  state 
convention,  to  be  held  on  the  Gth  May,  18(51,  that  Samuel  W. 
Cochran  was  duly  elected  as  such  delegate. 

In    testimony  whereof,  I   hereunto   subscribe    my   name,   as 
secretary  of  the  State  of  Arkansas,  May  Uth,  1861. 
JOHN  I.  STIRMAN,  Sccrdanj 

of  the,  Slate  of  Arkansas. 

Which  was  read,  and,  upon  motion,  Mr.  Cochran  was  per- 
mitted to  take  his  seat  as  a  delegate  to  this  convention  from 
the  county  of  Fulton. 

Mr.  President  presented  the  following  communication: 

Little  Rock,  May  61  k,  1861. 
Hon.  David  Walker,  President 

of  the  Arkawas  State  Convention: 
Sir — During  my  ab.-ence,  I  was  chosen  by  the  conven- 


118  JOURNAL    OP 


tion,  of  which  you  are  president,  as  one  of  the  five  delegates 
from  Arkansas  to  a  border  states  convention,  proposed  by  Vir- 
ginia, to  be  held  this  spring  at  Frankfort.  Kentucky. 

I  avail  myself  of  the  occasion,  to  express  to  the  members  of 
your  body,  through  you,  my  grateful  thanks  for  this  unsolicited 
mark  of  confidence,  and  the  honor  thus  conferred,  for  so  it 
ought  to  be  considered.  And  surely,  if  I  could  be  of  any  use 
to  Arkansas,  in  that  position,  1  would  most  cheerfully  and 
zealousl}''  devote  whatever  ability  I  possess  to  her  service.  For 
Arkansas  is  my  own,  and  the  home  of  my  family;  I  neither 
look  to,  have,  nor  desire  any  i-ther.  A  continuous  residence 
here  of  twenty-five  years  duration,  has  indissolubly  attached 
me  to  her  soil,  and  taught  me  to  appreciate  and  admire  the 
worth,  patriotism,  hospitality  and  chivalry  of  her  people. 
Arkansas  is  endeared  to  me  by  affection  towards  the  living, 
and  regretful  memories  for  the  dead;  some  of  whom,  near  and 
dear  to  me,  sleep  peacefully  in  her  soil.  All  my  interests, 
hopes  and  feelings  are,  from  voluntary  choice,  inseparably 
identified  with  Arkansas,  and  wherever  she  may  lead,  I  will 
follow  cheerfully,  contentedly  and  with  no  grudging  or  mea- 
sured loyalty.  I  sincerely  say  of  her:  may  she  always  be  right, 
but  right  or  wrong,  I  am  for  her,  and  with  her. 

Recent  and  startling  events,  occurring  since  my  election, 
render  it  proper,  in  my  opinion,  that  I  should  yield  back  to  the 
convention  the  trust  with  which  I  was  honored.  I  do  not  stop 
to  speculate  upon  the  probabilities  of  the  border  states  conven- 
tion being  held;  but,  if  1  understand  the  .original  purpose  of  it, 
it  would  now  fail  to  accomplish  it;  recent  events  having  entirely 
changed  the  position  of  the  border  states,  and  of  Arkansas 
also. 

When  I  was  chosen,  I  was  a  Union  man,  and  opposed  to 
a  disruption  of  the  Federal  Union,  as  long  as  there  remained 
a  hope  or  prospect  of  preserving  it,  and  of  securing  our  just 
rights,  and  privileges,  and  of  maintaining  our  honor  under,  and 
in  it.  And  I  fondly  believed  that  prudence,  patriotism,  peace, 
justice  and  concession  prevailing,  that  result  might  ultimately 
be  accomplished. 

But  that  hope  has  now  vanished.  The  war  cloud  has  risen, 
and  is  fast  spreading  over  our  country  north  and  south,  east 
and  west.  Preparations  for  civil  war,  are  witnessed  everywhere, 
and  hostile  squadrons  are  ready  to  meet  each  other  in  deadl}'' 
conflict.  President  Lincoln,  the  nominal  head,  and  urged  on 
and  sustained  by  at  least  the  most  violent  of  the  black  repub- 
lican party,  has,  without  authority  and  without  necessity,  com- 
mitted himself  to  the  criminal  folly  of  prosecuting  a  coercive 
and  warlike  policy  towards  the  seceded  states,  and  the  people 
thereof.  In  point  of  authority,  it  is  a  palpable  violation  of  the 
constitution  he  professes  to  respect.     In  point  of  policy,  it  is 


THE    CONVENTION.  119 


unwise  and  short-sighted;  because,  if  persevered  in.  must 
eventually  result  in  forcing  every  border  state  out  of  the  Union; 
and  pitiless  and  cruel,  because  it  must  inevitably  bring  an  un- 
natural civil  war  upon  the  country — the  most  dreadful  and 
desolating  of  all  w&rs,  recorded  in  history.  And  it  is  contrary 
to  the  implied,  if  not  express,  pledges,  repeaiedly  and  solemnly 
given  to  the  American  people,  to  the  effect  that  his  admini- 
stration would  be  peaceful  and  conciliatory  towards  the  seceded 
states.  It  is  a  fatal  error,  on  his  part,  if  he  supposes  that  he 
can  coerce  or  subdue  the  southern  states,  or  find  men  in  ihem 
to  aid  him,  or  sympathise  with  him,  in  such  a  criminal  and 
unholy  work.  The  very  hills  and  valleys  will  swarm  with 
multiplied  thousands  of  brave  hearts  and  valiant  arms,  eager 
to  resist  him,  and  his  marshalled  hosts,  in  the  defence  of  their 
own  and  their  sister  states. 

It  was  only  under  a  peaceful,  prudent  and  conciliatory  course 
towards  the  seceded  states — the  policy  of  leaving  them  undis- 
turbed and  unmolested — avoiding  the  use  of  force — that  Arkan- 
sas was  willing  to  remain  in  the  Union;  and  this,  with  the  hope 
that,  in  due  time,  there  might  be  a  reconstruction  of  the  Union 
on  fair,  just  and  honorable  terms;  or  that  the  present  difiicul- 
ties  and  troubles — perhaps  not  just  now,  but  at  no  distant 
period — might  be  satisfactorily  and  honorably  adjusted.  And 
fcuch,  in  my  opinion,  would  have  been  the  result  of  a  peaceful 
policy,  and  of  just  and  statesmanlike  measures  on  the  part  ot 
the  administration.  But  unfortunately  the  war  policy  —  the 
coercive  policy  has  prevailed;  and  on  the  heads  of  the  black 
republicans  be  the  bloody  consequences.  Being  in  the  pos -ession 
of  the  g(n'ernmcnt,  and  all  its  departments,  the  supreme  court 
excepted — they  held  the  power  to  save  the  Union,  but  vi^ould 
not  do  it.  They  had  the  power  to  prevent  the  effusion  of  blood, 
but  would  not  do  it;  and  now  the  responsibility  rests  with  them. 

By  such  means  the  Union  sentiment  in  Arkansas  has"  been 
completely  changed.  The  honest  differences  of  opinion  that 
have  existed  among  us,  in  reference  to  immediate  secession — 
arising  from  expediency  rather  than  principle,  have  passed 
away.  The  South  has  become  a  unit;  all  of  us  standing 
pledged  to  resist  force;  well  knowing  that  no  free  governnient 
can  live  if  force  is  required  to  keep  it  together. 

I  am  a  southerner  by  choice  and  by  adoption  I  have  lived 
in  a  slave  staie  nearly  all  my  life.  All  my  interests  and  feel- 
ings and  hopes  are  bound  up  with  the  South.  For  weal  or  for 
woe,  I  am  with  her,  and  for  her.  Not  having  been  heretofore, 
I  never  expect  to  be,  unmindful  of  her  rights,  true  interests,  or 
honor. 

The  black  republican  policy  of  war  being  now  clearly  indi- 
cated, Arkansas  cannot  see  it  with  unconcern,  nor  submit  to  it 
without  resistance.     Every  one   must   now  take  sides  for  or 


120  JOURNAL    OF 


against  coercion.  There  can  be  but  one  voice  in  our  state  on 
that  proposition.  We  shall  all  stand  b}'  the  South;  nor  do  I 
believe  there  are  any  who  would  think  of  acting  otherwise. 
We  are  now  a  unit,  and  ready  now,  and  at  all  times,  to  defend 
the  people  of  the  South,  their  homes,  firesides,  property  and 
rights  to  the  last  extremity,  if  need  be,  and  against  all  foes. 
Respectfully,  your  ob't  serv't, 

S.  H.  HEMPSTEAD. 

Which  was  read  and  received. 

Mr.  Flanagin  offered  the  following 

RESOLUTION: 

Ecsolvcd,  That  a  committee  of  three  be  appointed  to  wait 
upon  the  governor  and  inform  him  the  convention  is  in  ses- 
sion, and  invite  him  to  make  any  communication  he  may  deem 
proper. 

Which  was  adopted;  and  Mr.  President  appointed  Messrs. 
Flanagin,  Spivey  and  Tatum  such  committee. 

On  motion  of  Mr.  Totten,  of  Prairie,  the  convention  took  a 
recejjs  until  3  o'clock,  p.m. 


3  o'clock,  p.  m. 
Convention  met. 
Roll  called. 

present: 
Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin,  Baber, 
Batson,  Bolinger,  Bradley,  Bush,  Bussey,  Campbell,  Carrigan, 
Clingman,  Crenshaw,  Cryer,  Cypert,  Cochran,  Desha,  Dinsmore, 
Dodson,  Dollarhide,  Echols,  Fishback,  Flanagin,  Floyd,  Fort, 
Fuller,  Garland  of  Hempstead,  Garland  of  Pulaski,  Gould, 
Grace,  Griffith,  Gunter,  Hanly,  Hawkins  of  Ashley,  Hawkins 
of  Sevier,  Hill,  Hilliard,  Hobbs,  Hobson,  Johnson,  Kelley, 
.Kennard,  Lanier,  Laughinghouse,  Mansfield,  Mayo,  Murphy, 
Parks,  Patterson  of  Jackson,  Ray,  Rhodes,  Robinson,  Shelton, 
Slemons,  Smith,    Smoote,  Spivey,  Stallinge,   Stillwell,  Stout, 


THE    CONVENTION.  121 


Tatum,    Thomason,    Totten    of  Arkansas,    Totten    of  Prairie, 
Turner,  Walker,  Wallace,  Yell  and  llv.  President— 70. 

Mr.  Grace,  from  the  committee  on  ordinances  and  resolutions, 
mav'ile  the  following" 

REPORT : 

Mr.    PRESrOENT — 

Your   committee,  in   obedience  to  the  inptructions  of 
this  convention,  have  directed  me  to  report  the  accompanying 
preamble  and  ordinance,  and  recommend  their  ado})tion. 
Respectfully, 

W.  P.  GRACE,  Chairman. 

ORDINANCE   No.  2. 

An  Ordinance  to  dissolve  the  IJinon  now  exialingbttu-ctn  the  Stale 
of  Arkansas  and  the  other  states  united  with  her  under  the 
compact  entitled  "  llie  Constitution  of  tie  United  Slates  of 
America  y 

Whereas,  In  addition  to  the  well  founded  causes  of  complaint 
set  forth  by  this. convention,  in  resolutions  adopted  on  the  11th 
March,  A.  D.  1861,  against  the  sectional  party  now  in  power 
at  Washington  city,  headed  by  Abraham  Lincoln,  he  has,  in  the 
face  of  resolutions  passed  by  this  convention,  pledging  the  State 
of  Arkansas,  to  resist  to  the  last  extremity,  any  attempt  on  the 
part  of  such  power  to  coerce  any  state  that  had  seceded  from 
the  old  Union,  proclaimed  to  the  world  that  war  should  be 
waged  against  such  states,  until  they  should  be  compelled  to 
submit  to  their  rule,  and  large  forces  to  accomplish  this  have, 
by  this  same  power,  been  called  out,  and  are  now  being  mar- 
shalled to  carry  out  this  inhuman  design;  and  to  longer  submit 
to  such  rule,  or  remain  in  the  old  Union  of  the  United  States, 
would  be  disgraceful  and  ruinous  to  the  State  of  Arkansas. 

Therefore,  we  the  people  of  the  State  of  Arkansas,  in  con- 
vention assembled,  do  hereby  declare  and  ordain,  and  it  is 
hereby  declared  and  ordained,  that  the  "  ordinance  and  accep- 
tance of  compact,"  pass(?d  and  approved  by  the  General  Assem- 
bly of  the  State  of  Arkansas,  on  the  18th  day  of  October,  A. 
I).  184G,  whereby  it  was,  by  said  General  Assembly,  ordained 
that,  by  virtue  of  the  authority  vested  in  said  General  Assem- 
bly, by  the  provisions  of  an  ordinance  adopted  by  the  conven- 
tion of  delegates  assembled  at  Little  Rock,  for  the  purpose  of 
forming  a  constitution  and  system  of  government  for  said  state, 
the  propositions  set  forth  in  "  an  act  supplementary  to  an  act 
entitled  an  act  for  the  admission  of  the  State  of  Arkansas  iiUo 
the  Union,  and  to  provide  for  the  due  execution  of  the  laws  of 


1,22  JOURNAL    OF 


the  United  States  within  the  same,  and  for  other  purposes,  were 
freely  accepted,  ratified  and  irrevocably  confirmed  articles  of 
compact  and  union  between  the  State  of  Arkansas  and  the 
l'nit<^d  States,"  and  all  other  laws,  and  every  other  law  and 
ordinance,  whereby  the  State  of  Arkansas  became  a  member 
of  the  federal  union,  be,  and  the  same  are  hereb^^  in  all 
respects,  and  for  every  purpose  herewith  consistent,  repealed, 
abrogated  and  fully,  set  aside;  and  the  union  now  subsisting^ 
between  the  State  of  Arkansas  and  the  other  states,  under  the 
name  of  the  United  States  of  America,  is  her3by  forever  dis- 
solved. 

And  we  do  further  hereby  declare  and  ordain,  that  the  State 
of  Arkansas  hereby  resumes  to  herself  all  rights  and  powers 
heretofore  delegated  to  the  government  of  the  United  States  of 
America — that  her  citizens  are  absolved  from  all  allegiance  to 
said  government  of  the  United  States,  and  that  she  is  in  full 
possession  and  exercise  of  all  the  rights  and  sovereignty  which 
appertain  to  a  free  and  independent  state. 

We  do  further  ordain  and  declare,  that  all  rights  acquired 
and  vested  under  the  constitution  of  the  United  States  of  Ame- 
rica, or  of  any  act  or  acts  of  Congress,  or  treat}^  or  under  any 
law  of  this  state,  and  not  incompatible  with  this  ordinance, 
shall  remain  in  full  force  and  effect,  in  no  wise  altered  or  im- 
paired, and  have  the  same  efiect  as  if  this  ordinance   had  not 

l>een  passed. 

■■•  > 

Which  report  was  received;  and  Mr.  Yell  moved  that  the 
ordinance  be  adopted. 

Mr.  Dinsmore  offered  the  following  amendment: 

"  And  that  the  abov.e  ordinance  be  submitted  to  the  citizens 
of  the  State  of  Arkansas  for  their  acceptance  or  rejection,  by 
a  writ  of  election,  issued  by  the  president  of  this  convention, 
to  be  held  on  the  1st  Monday  of  June  next." 

Mr.  Patterson  of  Jackson  moved  to  lay  the  amendment  of 
Mr.  Dinsmore  on  the  table. 

On  which  Mr.  Totten,  of  Arkansas,  called  for  the  yeas  and 
nays,  which  call  being  sustained,  was  ordered  and  had  with  the 
following  result: 

Yeas — Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin, 
Baber,  Batson,  Bradley,  Bush,  Bussey,  Carri^an,  Clingman, 
Crenshaw,  Cryer,  Cypert,  Cochran,  Dollarhide,  Echols,  Flana- 
gin,  Floyd,  Fort,  Fuller,  Garland  of  Hempstead,  Garland  of 
Pulaski,  Gould,  Grace,  Manly,  Plawkins  of  Ashley,  Hawkins  ©f 
Sevier,  Hill,  Hilliard,  Hobbs,  Hobson,  Johnson,  Kennard,  La- 


THE    CONVENTION.  123 


nier,  Laughinghouse,  Mansfield,  Mayo,  Patterson  of  Jackson, 
Piay,  Rhodes,  Robinson-,  Shelton,  Siemens,  Smith,  Smoote,  Spi- 
vey,  Still  well,  Stout,  Tatum,  Totten  of  Arkansas,  Tutten  of 
Prairie,  Walker,  Wallace,  Watkins,  and  Yell — 55. 

A'avs — Messrs.  Bolinger,  Campbell,  Desha,  Dinsmore,  Dod- 
snn,  Fishback,  Griffith,  Gunter,  Kelley,  Murphy,  Parks,  Stall- 
ings,  Thomason,  Turner  and  Mr.  President — 15. 

So  the  amendment  was  lost. 

The  question  was  then  stated  to  be  on  the  adoption  of  the 
ordinance,  upon  which  Mr.  Cryer  dlled  for  the  yeas  and  nays, 
.which  being  sustained,  was  ordered  and  had  with  the  following 
result: 

Yeas — Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin, 
Baber,  Batson,  Bradley,  Bush,  Bussey,  Carrigan,  Ciingman, 
Crenshaw,  Crj'er,  Cypert,  Cochran,  Desha,  Dinsmore,  Dod.-on, 
Dollarhide,  Echols,  Fishback,  Flanagin,  Floyd,  Fort,  Fuller, 
Garland  of  Hempstead,  Garland  of  Pulaski,  Gould,  Grace, 
Griffith,  Hanly,  Hawkins  of  A^-hley,  Hawkins  of  Sevier,  Hill, 
Hilliard,  Hobbs,  Hobson,  Johnson,  Kennard,  Lanier,  ]>,augh- 
inghouse,  Mansfield,  Mayo,  Parks,  Patterson  of  Jackson,  Ray, 
Rhodes,  Robinson,  Shelton,  Slemons,  Smith,  Smoote,  Spivey, 
Stallings,  Still  well.  Stout,  Tatum,  Thomason,  Totten  of  Ar- 
kansas, Totten  of  Prairie,  Turner,  Walker,  Wallace,  Watkins, 
Yell  and  Mr.  President — 65. 

Nays — Messrs.  Bolinger,  Campbell,  Gunter,  Keiley  and  Mur- 
phy-5. 

At   the  call  of  Mr.   President,  Mr.   President   addressed  the 

convention,  urging  unanimity;  whereupon  Mr.  Bolinger,  who 

had  voted  in  the  negative,  arose  and  stated  in  substance,  that, 

"  I  voted  against  the  ordinance  declaring  the  independence 
of  the  state,  in  accordance  with  my  pledges  to  my  people,  but 
to  secure  unanimity,  I  ask  to  change  my  vote  to  the  affirma- 
tive, at  the  same  time  denying  the  right  of  secession." 

Mr.  Bolinger  also  a^ked  that  the  explanation  be  spread  upon 
the  journals;  which  was  so  ordered,  and  his  vote  changed  from 
'  nay"  to  "  aye." 

Mr.  Campbell,  with  a  similar  explanation,  also  changed  his 
vote  Irom  "  nay"  to  "aye." 


124  JOURNAL    OF 


Mr.  Kelley,  with  an  explanation,  in  substance  that,  "  he  was 
in  favor  of  revolution,  but  ignored  the  right  of  secession,"  also 
changed  his  vote  from  "  nay"  to  "  aye." 

Mr.  Gunter,  with  a  similar  explanation,  also  changed  his  vote 
from  "  nay"  to  "  aye." 

JMr.  Fishback  explained  his  vote. 

So  the  ordinance  dissolving  the  union  heretofore  existing  be- 
tween the  Slate  of  Arkansas  and  the  other  states  united  under 
the  compact  known  as  the  "  Constitution  of  the  United  States 
of  America."  was,  at  10  minutes  past  4  o'clock,  declared 
adopted  and  passed  by  a  vote  of  69  in  the  affirmative,  to  1  in' 
the  negative. 

I'^pon  motion  of  Mr.  Grace,  the  convention  adjourned  until 
to-morrow  morning  10  of  the  clock. 

DAVID  WALKER, 

Frtsidad. 


^aBK-«-'-«<^E^»>-*-t  fcii 


Tuesday,  Mcnj   1th,  1861. 
Convention  met  pursuant  to  adjournment. 
Prayer  by  the  Rev.  Mr.  W'heat. 
Roll  called. 


PRESENT 


Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin,  Baber, 
Batson,  Bolinger,  Bradley,  Bush,  Bussey,  Campbell,  Carrigan, 
Clingman,  Crenshaw,  Cryer,  Cypert,  Cochran,  Desha,  Dins- 
more,  Dodson,  DoUarhide,  Echols,  Fishback,  Flanagin,  Floyd, 
Fort,  Fuller,  Garland  of  Hempstead,  Garland  of  Pulaski,  Grace, 
Griflith,  Gunter,  Hanly,  Hawkins  of  Ashley,  Hawkins  of  Se- 
vier, Hill,  Ililliard,  Hobson,  Johnson,  Kelley,  Kennard,  Lanier, 
Laughinghouse,  Mansfield,  Mayo,  Murphy,  Parks,  Patterson  of 
Jackson,   Patterson   of   Van  Buren,^ay,   Rhodes,   Robinson, 


THE    CONVENTION.  125 

Shelton,  Siemens,  Smith,  Smoote,  Spivey,  Totten  of  Arkansas, 
Totten  of  Prairie,  Turner,  Walker,  Wallace,  Watkins,  Yell  and 
Mr.  President — G7. 

Journal  of  yesterday  read,  approved  and  signed. 

On  motion  of  Mr.  Totten,  leave  was  granted  to  Mr.  Patter- 
.son  of  Van  Buren,  to  record  his  vote  on  the  ordinance  adopted 
yesterday,  which  he  accordingly  did  in  the  afiirmative.    • 

JMr.  Laughinghouse  ofiered  the  following 

RESOLUTION: 

Resolved,  That  the  business  of  this  convention  be  tran.sacted 
with  closed  doors,  and  that  no  person  not  a  member  of  the 
convention  be  allowed  to  enter  this  hall,  only  b}'  consent  of  the 
convention. 

Mr.  Floyd  moved  to  amend  by  saying  "  with  closed  doors 
after  2  o'clock  to-day." 

Which  amendment  was  accepted. 

Mr.  Yell  moved  the  postponement  of  the  resolution  offered 
by  Mr.  Laughinghouse,  until  to-morrow  morning;  which  mo- 
tion prevailed. 

Mr.  Gould  offered  the  following 

RESOLUTION: 

Resolved,  That  the  committee  heretofore  appointed  to  draft 
rules  for  the  government  of  this  convention,  be  requested  to 
report  whether,  in  their  judgment,  any  change  in  the  organiza- 
tion of  committees  as  to  style  and  number,  is  necessary. 

Mr.  Thomason  moved  to  amend  by  referring  the  subject  to  a 
select  committee  of  five;  which  was  accepted,  and  the  resolu- 
tion as  amended  was  lost. 

Mr.   Floyd  ofTcred  the  following  resolution   and  moved  its 

adoption: 

Resolved,  That  the  president  appoint  a  standing  committee 
on  the  landed  interest  of  the  State  of  Arkansas,  to  consist  of 
seven  m(mibers,  one  to  be  selected  from  each  of  the  seven  land 
districts  of  the  state. 

Which  was  adopted. 

Mr.  Hanley  offered  the  following 

RESOLUTION: 

Resolved,  That  the  president  of  this  convention   appoint  a 


126  JOURNAL  OF 


select  committee  of  five,  whose  duty  it  shall  be  to  consider  and 
report  to  this  body^fas  soon  as  may  be,  whether  the  change  in 
the  the  relations  of  this  state  to  the  United  States,  will  not 
require  amendments  to  the  constitution  of  this  state;  and  if  se. 
to  report  the  amendments  they  would  suggest,  resulting  from 
that  cause. 

Mr.  Smith  moved  to  amend  by  appointing  a  committee  of 
nine,  to  be  styled  the  "judiciary  committee,"  and  to  refer  the 
resolution  to  said  committee;  which  amendment  was  accepted, 
and  the  resolution,  as  amended,  was  adopted. 

Mr.  Hill,  on  leave,  introduced  the  following  ordinance: 

ORDINANCE  No.  3. 

A\  Ordinan'cb  providins;  for  the  adoanctment  of  one  months'  pay 
to  the  regiment  of  volunteers  rendtzvoustd  (,l  thtarstnal.  in  this 
city,  dcstnied  for  the  service  of  the  Confederate  States  of  A?uc- 
ica,  (ind  for  other  purposes. 

1.   Be    it  ordained   hij  tit e  people  of  the   Stale  of  Arkansas    in 

convention  assembled,  That  the  sum  of dollars   be,  and 

the  same  is  hereby  appropriated  out  of  the  swamp  land  fund 
now  in  the  treasury  of  this  state,  for  the  purpose  of  advancing 
to  the  regiment  of  volunteers  now  rendezvoused  at  the  arsenal. 
in  this  city,  destined  for  service  in  the  army  of  the  Coni'ederate 
States  of  America,  the  full  amount  of  one  months'  pay. 

vJ.  Be  it  further  ordained ,  That  the  sum  aforesaid  shall  be 
paid  by  the  treasurer  of  this  state  upon  the  warrant  of  the 
auditor  drawn  in  favor  of  the  colonel  of  said  regiment,  w^ho 
shall  forthwith  pay  out  the  same  to  the  rank  and  file  according 
to  the  pay  roll  made  out  in  accordance  with  the  act  of  Congress 
in  i^such  case  made  and  provided  and  the  regulations  of  the 
army  of  said  Confederate  States. 

3.  Be  it  further  ordained,  That  the  sum  aforesaid  shall  be 
taken  as  a  loan  or  advance  made  by  this  state  to  and  on  account 
of  the  said  Confederate  States  of  America,  and  that  the  colonel 
of  said  regiment  be,  and  he  is  hereby  appointed  the  agent  of 
this  .«5tate  to  demand  the  repayment  thereof,  and  when  paid,  to 
transmit  the  same  to  the  treasurer  of  this  state. 

4.  Beit  further  ordained,  That  should  there  be  any  balance 
of  the  swamp  land  fund  remaining  in  the  treasury  of  this  state 
after  the  payment  of  the  same  hereby  appropriated,  and  all 
additional  suvrxs  which  m-ay  hereafter  "be  recevved  into  the  trea- 
sury from  the  sale  of  swamp  lands,  be,  and  the  same  are  hereby 
appropriated  to  military  objects  and  purposes  in  such  manner 
as  this  convention  may  hereafter  designate- 


THE    CONVEXTIOX.  127 

Which  was*  read. 

Mr.  Laughinghon=e  moved  to  amend  a^follows: 

Amend  by  saying  that  all  the  troops  now  in  readiness  for 
immediate  service  be  alike  entitled  to  said  one  months'  pay. 

JMr.  Flanagin  offered  to  amend  by  striking  out  the  words 
"  swamp  land  fund,"  in  the  first  section,  and  inserting  the 
words  "  state  treasury."' 

Pending  the  considoration  of  which,  Mr.  Echols  moved  a 
reconsideration  of  the  vote  postponing  the  consideration  of  the 
resolution  of  Mr.  Laughinghouse,  relative  to  a  session  with 
closed  doors,  which  motion  prevailed,  and  the  resolution  was 
adopted. 

Wherei-.pon,  Mr.  President  ordered  the  galleries  to  be  cleared, 
which  was  according)}^  done,  and  the  doors  closed. 

Mr.  Griffith,  from  the  comm.ittee  on  enrollments,  made  the 
following 

PiEPOPvT: 

ViV.    PRKSmENT 

The  committee  on  enrolled  bills  and  ordinnnces  hav;^ 
carefully  compared  the  enrollment  with  the  original  copy  of 
the  "  ordinance  to  dissolve  the  imion  now  existing  between  the 
State  of  Arkansas  and  the  other  states,  under  the  compact 
entitled  '  The  constilution  of  the  United  States  of  America,'" 
and  have  iii.^lructed  me  to  report  the  same  correctly  enrolled 
on  parchment,  and  now  ready  for  the  signatures  of  the  dele- 
gates. 

Respectfully  submitted, 

SAML.  L.  GRIFFITH,   Chairman. 

Which  was  read  and  received. 

Mr.  Adams  of  Phillips,  introduced  the  following  ordinance: 

ORDINANCE  No.  4. 

I'juiithd  an  ord'ni'incc  provid ins;  for  the  signing  of  the  ordinance 
passed  on  yesterday  dissolving  the  political  connection  thereto- 
fore existing  between  the  State  of  Arkansas,  and  the  governmtnt 
known  as  the   United  States  of  America. 

We,  the  people  of  the  State  of  Arkansas  now  in  convention 
assembled,  do  liereby  ordain,  and  it  is  hereby  ordained,  that  the 
ordinance  adopted   by  this  convention  on  yesterday  dissolving 


128  JOURNAL    OF 


the  political  connection  theretofore  existing  between  the  State 
of  Arkansas  and  tl^e  government  known  as  the  United  States 
of  America,  be  signed  by  the  President  and  attested  by  the 
secretary  of  this  convention,  and  be  also  signed  by  the  indivi- 
dual members  of  this  convention;  and  that  in  signing  the  same, 
there  shall  be  a  call  of  the  counties  of  the  state  in  alphabetical 
order,  and  the  delegates  of  each  county  shall  sign  the  same  as 
their  respective  counties  shall  be  called  by  the  secretary. 

Which  was  read  and  adopted. 

Mr.  Garland  of  Pulaski,  introduced  the  following  ordinance: 


ORDINANCE  No.  5. 


B 

hied 


Ic  it  ordained  by  the  people  of  Arkayisas  in  convenlion  assc7n- 
y,,,.^,  That  the  ordinance  passed  by  this  convention  on  the  2ist 
day  of  March,  A.  D.  1861,  entitled  ''  an  ordinance  to  provide 
for  holding  an  election  in  the  State  of  Arkansas  for  the  pur- 
pose of  taking  the  sense  of  the  people  of  the  state  on  the 
question  of  '  co-opcraiioii^  or  '  secession,^  "  be,  and  the  same  is 
hereby  in  ali  things  repealed. 

Which  was  read  and  adopted. 
Mr.  Stiliwell  offered  the  following 

RESOLUTION: 

Resolved,  That  his  excellency,  the  governor,  be,  and  he  is 
hereby  requested  to  lay  before  the  convention  a  statement 
showing  the  number  and  description  of  arms  and  what  muni- 
tions of  war  belonged  to  the  State  of  Arkansas  on  the  first 
day  of  December,  A.  D.  1860,  or  have  been  purchased  since 
that  tiaie;  what  arms  and  munitions  of  war  were  in  the  United 
States  arsenal  at  Little  Rock,  when  he  obtained  possession  of 
the  same,  and  what  disposition  has  been  made  of  the  same; 
also,  of  all  sums  of  money  expended  since  that  date  touching 
the  transportation  and  subsistence  of  troops;  and  that  the  sec- 
retary deliver  a  copy  of  this  resolution  to  his  excellency  forth- 
with. 

Which  was  adopted. 

Mr.  Patterson  of  Jackson,  introduced 

ORDINANCE  No.  C. 

Entitled  an    ordinance   adoptinfr   the   constitution  for   the  pro- 
visional govern77ient  of  the  Confederate  i>tates  of  America 

Which  was  read,  and  pending  the  consideration  of  which, 


THE    CONVENTION.  1:29 


Mr.  Fishback  moved  that  the  business  under  consideration  at 
the  closing  of  the  doors  be  resumed.  y 

Which  prevailed,  and 

Mr.  President  stated  the  question  to  be  on  the  amendment 
oflered  by  Mr.  Laughinghouse  to  ordinance  No.  3. 

Mr.  Grace  then  offered  as  an  amendment  to  the  amendment 

Provided,  That  the  colonel  vi'ho  may  receive  said  money  from 
the  treasuier's  office,  shall  give  bond  payable  to  the  State  of 
Arkansas,  conditioned  for  the  faithful  application  of  said  money, 
and  that  he  will  faithfully  pay  over  the  amount  of  money  he 
may  receive  from  the  Confederate  States. 

Mr.  Hill  moved  tha^t  the  ordinance,  together  with  the  amend- 
ments proposed,  be  referred  to  a  select  committee  of  five, 
which  motion  prevailed,  and  Mr.  President  appointed  Messrs. 
Hill,  Turner,  Flanagin,  Watkins  and  Dinsmore,  such  com- 
mittee. 

M\\  President  announced  that  resolutions  were  in  order; 
whereupon 

Mr.  Fishback  offered  the  following 

RESOLUTION: 

RcS'dvcd,  That  the  committee  on  the  militia  be  instructed  to 
report  to  this  body,  at  as  early  a  period  as  practicable,  a  state- 
ment of  the  costs  of  maintaining  one  regiment  in  active  ser- 
vice, iaccording  to  existing  laws  of  the  United  States. 

Mr.  Hanly  moved  to  amend  by  inserting  after  the  word 
''  regiment,"  the  words: 

♦'  Of  infantry,  one  regiment  of  cavalry,  and  a  battalion  of 
artillery." 

Mr.  Patterson,  of  Jackson,  offered  to  amend  by  striking  out 
the  last  clause  "  according  to  the  existing  lavi's  of  the  United 
States,"  and  inserting,  "  according  to  the  war  fdoting  of  the 
Confederate  States  of  America,  and  also  of  the  United  States." 

Which  amendments  were  severally  accepted,  and  the  resolu- 
tion, as  amended,  was  adopted. 

Mr.  Johnson  oflered  the  following 

llESOLUTION: 

Resolned,  That  the  President  of  this  convention  be  requested 
to    officially  announce  to    President  Davis,  by  telegraph  the 
9 


130  JOURNAL    OF 


fact  that  the  State  of  Arkansas  has  severed  her  connection 
with  the  government  of  the  United  States,  and  desires  to  con- 
nect her  fortunes  with  those  of  the  Confederate  States,  and 
enquire  what  is  the  ratio  of  representation  in  the  provisional 
congress. 

Mr.  Batson  nnoved  to  amend  hy  adding: 
"  Or  what  number  of  delegates  we  will  be  entitled  to  in  the 
provisional  congress." 

"Which  was  accepted. 

Mr.  Fishback  olfered  the  following  as  a  substitute  for  the 
resolution  as  amended: 

Resolved,  That  the  President  of  this  convention  be  requested 
to  telegraph  to  the  President  of  the  Confederate  States,  officially 
informing  him  that  the  State  of  Arkansas  has  dissolved  her 
connection  with  the  federal  government  of  the  United  States 
of  America,  and  inquire  what  is  the  ratio  of  representation  in 
the  government  of  the  Confederate  States. 

Mr.  Kennard  moved  to  lay  the  substitute  on  the  table. 

Which  prevailed,  and 

On  the  further  motion  of  Mr.  Kennard,  the  resolution  as 
amended,  was  adopted. 

Mr.  Kennard  offer-ed  the  following 

RESOLUTION: 

Resolved,  That  all  moneys  in  the  hands  of  any  ofncer.  of  the 
United  States  of  America,  within  the  State  of  Arkansas,  or  in 
the  hands  of  any  other  person  or  persons,  and  heretofore  col- 
lected and  held  for  the  use  of  the  governaient  of  the  United 
States  of  America,  except  such  as  may  be  in  the  hands  of  post 
masters  and  necessary  for  payment  of  dues  to  mail  contractors 
for  carrying  the  United  States  mails,  within  the  state,  under 
contracts  heretofore  existing,  and  all  real  and  personal  property 
of  evei-y  character  including  all  the  public  lands  heretofore 
owned  and  held  by  the  United  States  government,  or  any  agent 
thereof,  within  the  limits  of  the  State  of  Arkansas,  be  and  the 
same  are  hereby  declared  to  be  the  property  of  the  State  of 
Arkansas,  subject  to  be  taken  in  charge,  held,  owned,  controlled 
and  disbursed  as  other  property  and  moneys  of  the  State. 

Mr.  Hanly  offered  to  amend  as  follows: 

Provided,  That  all  drafts  that  may  have  been  drawn  by  the 
United  States  in  favor  of  any  citizen  of  this  state  or  all  drafts 
drawn  by  the  United  States  in  favor  of  citizens  of  other  states, 
and  bona  fide  transferred  to  a   citizen  or  citizens  of  this  state, 


THE    CONVENTION.  131 


prior  to  the  6th  day  of  May,  A.  D.  1861,  shall  be  first  paid  ou.t 
of  the  funds  hereby  appropriated,  in  case  they  shall  be  pre- 
sented to  the  proper  officer  within  GO  days  from  the  said  6th 
day  of  May,  A.  D.  18G1,  and  provided  further  that  all  pensions 
due  citizens  of  this  state  up  to  the  4th  IMarch  last,  shall  be  paid 
by  the  proper  ofHcer  out  of  said  fund  upon  proper  voucher  to 
him  for  the  same. 

Pending  the  consideration  of  the  amendment, 
Mr.  Fishback  moved   to  take  a  recess  until  3   o'clock,  which 
motion  did  not  prevail. 

On  leave,  Mr.  Murphy  ofTered  the  following 

RESOLUTION: 

Resolved,  That  tiie  delegates  and  all  officers  of  this  conven- 
tion are  enjoined  not  to  communicate  anything  or  act  or  debate 
that  may  occur  in  secret  session  until  the  obligation  of  secrecy 
be  removed  by  act  of  the  convention. 

Which  was  adopted. 

On  leave.  JMr.  Bussey  introduced 

ORDINANCE  No.  7. 

An  ORorNANCE  For  the  relief  of  William  T.  Sargent,  and  to  dis- 
pose of  the  public  moneys  of  the  Champagnollc  Land  District 
Be  it  ordained  by  the  people  of  the  State  of  Arkansas,  in 
convention  assembled.  That  William  T.  Sargent,  receiver  of 
public  moneys  in  the  Champagnolle  land  district,  in  the  State 
of  Arkansas,  be,  and  he  is  hereby  required  to  pay  into  the 
treasury  of  the  State  of  Arkansas,  all  moneys  he  now  has  in 
his  possession,  or  may  hereafter  have  as  said  receiver,  and  take 
the  receipt  of  the  treasurer  therefor,  which  receipt  shall  be  a 
voucher  and  full  acquittal  to  him  and  his  securities  of  all  lia- 
bility to  any  person  or  government  whatsoever,  for  such  amount 
paid.  And  that  the  state  treasurer  hold  such  moneys  subject, 
and  for  any  state  purpose,  to  which  the  same  may  be  applied, 
to  be  accounted  for  to  the  United  States  government  upon  a 
fair  and  final  settlement  when  peace  is  made,  and  that  this  con- 
vention approve  the  previous  conduct  of  said  William  T.  Sar- 
gent, and  the  people  of  the  cwunty  of  Union,  in  the  premises. 
Which  was  read. 

Mr.  Stanly  ofTered  to  amend  by  adding: 

And  he  it  further  ordained,  That  the  treasurer  be  and  he  is 
hereby  authorized  to  pay  the  said  William  T.  Sargent  a  suffi- 
cient amount  to  indemnify  him  for  bringing  said  funds  to  this 
city. 


/ 
132  JOURNAL    OF 


Which  amendment  was  accepted,  and  the  ordinance  as  amen- 
ded was  adopted. 

Mr.  Smoote,  on  leave,  introduced  an  ordinance,  and  asked 
that  it  be  referred  to  committee  on  ordinances  without  being 
read,  which  was  accordingly  done. 

Mr.  Yell  also  offered  an  ordinance,  with  the  like  request, 
which  was  granted. 

On   motion    of  Mr.    Floyd,  the    Convention    took    a   recess 


until  3  o'clock,  p.  m. 


3  o'clock,  p.  m. 


Convention  met. 
Roll  called. 


present: 


Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin,  Babery 
Batson,  Bolinger,  Bradley,  Bush,  Bussey,  Carrigan,  Clingman, 
Crenshaw,  Cryer,  Cypert,  Cochran,  Desha,  Dinsmore,  Dodson^ 
Dollarhide,  Echols,  Flanagin,  Floyd,  Fort,  Fuller,  Garland 
of  Hempstead,  Garland  of  Pulaski,  Gould,  Grace,  Griffith,  Gun- 
ter,  Hanly,  Hawkins  of  Ashley,  Hawkins  of  Sevier,  Hill,  Hil- 
liard,  Hobbs,  Hobson,  Johnson,  Kelley,  Kennard,  Lanier^ 
Laughinghouse,  Mansfield,  Mayo,  Murphy,  Parks,  Patterson  of 
Jackson,  Patterson  of  Van  Buren,  Ray,  Rhodes,  Robinson, 
Shelton,  Siemens,  Smith,  Smoote,  Spivey,  Stallings,  Stillwell, 
Stout,  Tatum,  Thomason,  Totten  of  Arkansas,  Totten  of  Prai- 
rie, Turner,  Walker,  Wallace,  Watkins,  Yell  and  Mr.  Presi- 
dent—G9. 

The  roll  of  the  counties  was  then  called  alphabetically,  and 
the  ordinance  of  secession  was  signed  by  the  following  dele- 
gates, at  the  call  of  their  respective  counties,  and  then  attes- 
ted by  the  secretary  of  the  convention. 


THE    CONVENTION.  133 


DAVID  WALKER,  President  of  the  convention  and  dele- 
gate from  the  county  of  Washington. 

JAMES  L.  TOTTEN,  Arkansas  county. 
MARCUS  L.  HAWKINS,  Ashley  county. 
A.  W.  DINSMORE,  Benton  county. 

Benton  county. 

J.  GOULD,  Bradley  county. 

PHIL.  H.  ECHOLS,  Calhoun  county. 

\Y.  W.  W  ATKINS,  Carroll  county. 

BURR  H.  HOBBS,  Carroll  county. 

I.  H.  HILLIARD,  Chicot  county. 

H.  FLANAGIN,  Clark  county. 

J.  C.  WALLACE,  Columbia  county. 

GEORGE  P.  SMOOTE,  Columbia  county. 

S.  J.  STALLINGS,  Conway  county. 

,  Craighead  county. 

JESSE  TURNER,  Crawford  county. 
H.  F.  THOMASON,  Crawford  county. 
THOS.  II.  BRADLEY,  Crittenden  county. 
ROBERT  T.  FULLER,  Dallas  county. 
J.  P.  JOHNSON,  Desha  county. 
J.  A.  RHODES,  Drew  county. 
W.  F.  SLEiAIONS,  Drew  county. 
W.  W.  MANSFIELD,  Franklin  county. 
S.  W.  COCHRAN,  Palton -county.     ■ 
JAMES  VV.  BUSH,  Greene  county. 
R.  K.  GARLAND,  Hempstead  county. 
A.  H.  CARRIGAN,  Hempstead  county. 

,  Hot  Spring  county. 

F.  W.  DESHA,  Independence  county. 
URBAN  E.  FORT,  Independence  county. 
M.  SHELBY  KENNARD,  Independence  county. 
ALEX.  ADAMS,  Izard  county. 
J.  II.  PATTERSON,  Jackson  county. 
f   JAS.  YELL,  Jefferson  county. 
W.  P.  GRACE,  Jefferson  county. 
Wm.  W.  FLOYD,  Johnson  county. 


134  JOURNAL    OF 


FELIX  I.  BATSON,  Johnson  county. 
WILEY  P.  CRYER,  Lafayette  county. 
SAMUEL  R03INS0N,  Lawrence  county. 
MILTON  D.  BABER,  Lawrence  county. 
H.  H.  BOLINGER,  Madison  county. 

■ ,  Madison  county. 

THOS.  F.  AUSTLN,  Marion  county. 

FELIX  R.  LANIER,  Mississippi  county. 

Wm.  M.  MAYO,  Monroe  county. 

ALEXANDER  M.  CLINGMAN,  Montgomery  county 

IS  jAH  DODSON,  Newton  county. 

A.  W.  HOBSON,  Ouachita  county. 

L.  D.  HILL,  Perry  county. 

THOMAS  B.  HANLY,  Phillips  county. 

CHAS.  W.  ADAMS,  Phillips  county. 

SAMUEL  KELLEY,  Pike  county. 

,  Poinsett  county. 

ARCHIBALD  RAY,  Polk  county. 

WILLIAM  STOUT,  Pope  county. 

BENJAMIN  C.  TOTTEN,  Prairie  county. 

J.  STILLWELL,  Pulaski  county. 

A.  H.  GARLAND,  Pulaski  county. 

JAMES  W.  CRENSHAW,  Randolph  county. 

J.  M.  SMITtI,  Saline  county. 

E.  T.  WALKER,  Scott  county. 

SAME.  L.  GRIFFITH,  Sebastian  county. 

W.  M.  FISHBACK,  Sebastian  county. 

BENJ.  F.  HAWKINS,  Sevier  county. 

JAS.  S.  DOLLARHIDE,  Sevier  county. 

J.  N.  SHELTON,  St.  Francis  county. 

G.  W.  LAUGHINGHOUSE,  St.  Francis  county. 

H.  BUSSEY,  Union  county. 

Wm.  V.  TATUM,  Union  county. 

J.  HENRY  PATTERSON,  Van  Buren  county. 

JOHN  P.  A.  PARKS,  Washington  county. 

T.  M.  GUNTER,  Washington  county. 

,  Washington  county. 


THE    CONVENTION.  135 


JESSE  N.  CYPERT,  White  county. 
W.  H.  SPIVEY,  Yell  county. 

Adopted  and  passed  in  open  convention,  on  the  sixth  day  of 
May,  Anno  Domini,  1861. 
Attest: 

ELI  AS  C.  BOUDINOT,  Secretary 

of  the  Ai'kansMis  State  Convention. 

Mr.  President  then  ordered  the  galleries  to  be  cleared,  and 
the  doors  of  the  convention  to  be  closed,  which  being  done, 
the  president  laid  before  the  convention  the  following  commu- 
nication: 

Office  of  the  Ark.  State  Telegraph  Co., 

Little  Rock,  May  6th,  1861, 

To  the   President  and  Members 

of  the  Arkansas  State  Convention: 

Gentlemen — As  a  means  of  defence,  and  to  better  guard 
the  interests  of  the  state  by  placing  the  capital,  and  the  north- 
ern and  western  frontiers,  in  direct  and  almost  instantaneous 
communication  with  each  other,  we  propose  to  extend  the 
Arkansas  state  telegraph  line  (now  in  successful  operation  from 
Little  Rock  to  Helena  and  Memphis),  to  Van  Buren  and  Fort 
Smith,  via  Clarksville,  the  proposed  route— say  about  180  miles. 
A  good  line  of  teldgrapli,  construcled  under  ordinary  circum- 
stances, costs  about  one  hundred  dollars  per  mile;  but  owing  to 
the  great  difficulty  at  present  in  obtaining  wire  and  other  requi- 
site materials  from  the  north  (where  alone  they  can  be  pro- 
cured), this  line  may  cost  more — say  one  hundred  and  ten 
dollars  per  mile,  or  a  total  of  twenty  thousand  dollars.  We 
propose  to  raise  half  this  amount,  say  ten  thousand  dollars, 
ourselves,  provided  the  convention  will  at  once  appropriate  to 
our  use  for  the  purpose  herein  set  forth,  the  other  half,  viz:  ten 
thousand  dollars.  We  say  at  once,  because,  if  the  line  is  to  be 
built  at  all,  there  is  not  an  hour  to  be  lost  in  getting  the  wire, 
etc.,  into  southern  territory,  if  it  can  be  got  at  all.  We  propose 
to  make  the  line  from  Memphis  to  Helena,  Little  Rock  and 
Fort  Smith,  a  common  interest;  the  State  of  Arkansas  to  hold 
stock  in  the  same  to  the  amount  of  her  appropriation.  We 
further  propose  to  give  the  telegraphic  business  of  the  state 
priority  and  preference  in  transmission  and  delivery,  over  all 
other  dispatches;  and,  in  case  the  said  line  should  be  con- 
structed, we  pledge  ourselves  to  operate  and  work  it  so  as  to 
guard  the  interests  of  the  State  of  Arkansas  and  of  the  South, 
employing  for  that  purpose  only  those  operdtors  who  are  known 


136  JOURNAL    OF 


to  be  southern  in  both  interest  and   feeling,  and   are   ready  to 
serve  their  country  against  the  common  enemy. 

The  vital  importance  of  such  a  line  of  telegraph  at  this  time, 
when  our  state  may  be  at  any  moment  invaded  from  the  north 
or  west;  must  certainly  be  icit  and  appreciated  by  every  citizen 
of  Arkansas  and  of  the  south;  the  value  of  quick  and  reliable 
communication  between  the  different  portions  of  the  state,  in 
one  single  instance  of  invasion,  would  unquestionably  be  a 
thousand  fold  greater  to  Arkansas  than  the  total  cost  of  build- 
ing the  line. 

Believing  the  convention  will  not  hesitate  to  give  the  assist- 
ance asked  for,  we  have  secured  the  exclusive  right  to  the  use 
of  the  xMorse  instrument  on  said  line  (the  only  reliable  instru- 
ment, and  the  universal  one  of  the  country). 

Your  immediate  action  in  the  premises  is  respectfully  soli- 
cited. 

Your  ob't  serv'ts, 

C.  P.  BERTRAND, 

President,  etc. 

H.  A.  MONTGOMERY 

Coniraclor, 

AYhich  communication  was  read,  and,  upon  motion,  referred 

to  the  committee  on  state  affairs, 

Mr.  President,   at  the   same   time,  presented    tlie  following 

telegraphic  dispatch: 

May  7,  1861. 
[By  telegraph  from  Camp  Rector,  via  Memphis] 

To   the  members  of  the  Arkansas  State    Conventinn: 

Our  actions  prove  our  patriotism;  those  of  you  who 
know  us,  can  vouch  for  our  standing  and  sense;  and  we  ask  to 
be  permitted  ieither  by  our  commissioned  officers,  or  rank  and 
file,  to  elect  all  our  field  officers. 

Capt.  CLEBURN,   YcU  Rifles. 
Capt.  CARLTON,  Jefferson  Guards. 
Capt.  HARRIS,  Harris  Guards. 
Capt.  GLENN,  Rector  Guards. 
Capt.  BLACKBURN,  Hindman  Guards. 
Capt.  OTEY,  Philli'ps  Guards. 
Capt.  CLARKiSON,  Helena  Artillery. 

On  motion  of  Mr.  Tatum,  the  dispatch  was  referred  to  the 
committee  on  militia. 

Mr.  Griffith,  from  the  committee  on  enrollments,  made  the 
following 


THE    COXVENTIOX.  137 

REPORT: 

Mr.  President — 

The  commiltee  on  enrollments  have  compared,  with 
the  originals,  enrollments  of 

An  ordinance  for  the  relief  of  William  T.  Sargent,  and  to 
dis;pose  of  the  public  moneys  of  the  Champagnolle  land  district. 

An  ordinance  providing  for  the  signing  of  the  ordinance, 
parsed  on  y«  sterday,  dissolving  the  political  connection  thereto- 
foi-e  existing  between  the  State  of  Arkansas  and  the  govern- 
ment known  .as  the  United  States  of  America;  and 

An  ordinance  to  repeal  an  ordinance,  passed  by  this  conven- 
tion on  the  21st  day  of  March,  A.  D.  18G1,  entitled  an  ordinance 
to  provide  (or  holding  an  election  in  the  State  of  Arkansas  for 
the  purpose  of  taking  the  sense  of  the  people  of  the  state  on 
the  question  of  co- operation  or  secession;  and  have  instructed 
me  to  report  the  same  correct!}'  enrolled. 

SAMUEL  L.  GRIFFITH, 

Chairman. 
Which  was  received. 

The  consideration  of  the  resolution  offered  by  Mr.  Kennard 
was  then  resumed. 

Mr.  Patterson,  of  Jackson,  was  called  to  the  chair. 

Mr.  Stillwell  offered  the  following  as  a  substitute  for  the 

RESOLUTION: 

Reso/rcJ,  That  all  ofiicers  of  the  L^nited  States,  within  the 
limits  of  this  state,  having  moneys  of  the  United  States  in  their 
hands,  are  hereb}-  prohibited  from  paying  out  the  same,  and 
lequired  to  hold  the  s^ame  subject  to  the  further  order  of  this, 
convention;  and  that  all  such  officers,  having  personal  property 
of  the  United  States  in  their  possession,  be  required  to  hold  the 
same  subject  to  the  same  order. 

Mr.  Ilanly  then  withdrew  his  proposed  amendment. 
iMr.  Garland,  of  Hempstead,  moved  to  amend  by  adding: 

"  And  that  said  officers  be  informed,  by  the  president  of  this 
convention,  of  this  action  of  the  convention." 

Which  was  accepted,  and  the  substitute,  as  amended,  was 
adopted. 

Mr.  Grace  offered  the  following 

RESOLUTION: 

Resolved,  That  the  secretary  of  this  convention  cause  seventy- 


138  JOURNAL    OF 


five  copies  of  the  preamble  and  ordinance  passed  by  this  con- 
vention on  yesterday,  by  which  the  political  connections  there- 
to fore  existing  between  the  State  of  Arkansas  and  the  govern- 
ment known  as  the  United  States  of  America,  to  be  printed  on 
parchment,  so  soon  as  all  the  delegates  that  are  to  sign  it,  shall 
do  so,  and  one  copy  thereof  to  be  presented  to  each  member  of 
this  convention,  such  member  paying  the  expenses  of  such 
copy. 

Which  was  adopted. 

On  motion  of  Mr.  .Johnson,  the  convention   adjourned   until 
to-morrov^'  morning,  9  of  the  clock. 

DAVID  WALKER, 

Pitsidtnt. 


Wednesday,  Maij  Slh,  18G1. 

Convention  met  pursuant  to  adjournment. 

Prayer  by  Rev.  Mr.  Quaite. 

Roll  called. 

present: 
.  Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin,  Baber, 
Eatson,  Bolinger,  Bradley,  Bush,  Bussey,  Campbell,  Carrigan, 
Crenshaw,  Cryer,  Cypert,  Cochran,  Desha,  Dinsmore,  Dodson, 
Dollarhide,  Echols,  Fishback,  Flanagin,  Floyd,  Fort,  Fuller, 
Garland  of  Hempstead,  Garland  of  Pulaski,  Gould,  Grace, 
Griffith,  Guntcr,  Hanly,  Hawkins  of  Ashley,  Hawkins  of 
Sevier,  Hill,  Hilliard,  Hobbs,  Hobson,  Johnson,  Kelley,  Ken- 
nard,  Lanier,  Laughinghouse,  Mansfield,  Mayo,  Murphy,  Parks, 
Patterson  of  Jackson,  Patterson  of  Van  Buren,  Ray,  Rhodes, 
Robinson,  Sheltori,  Slemons,  Smith,  Smoote,  Spivey,  Stallings, 
Stillwell,  Stout,  Tatum,  Thomason,  Totten  of  Arkansas,  Totten 
of  Prairie,  Turner,  Walker,  Wallace,  Watkins  and  Mr.  Presi- 
dent—GO. 


THE    CONVENTION.  139 


The  journal  of  yesterday  read,  approved  and  signed. 

Mr.  President  presented  a  petition  from  sundry  cititizens  of 
Sebastian  county,  asking  the  appointment  of  Col.  N.  B.  Pearce 
to  the  office  of  commander-in-chief  of  the  forces  of  the  west- 
ern frontier. 

Which,  upon  motion  of  Mr.  Flanagin,  was  referred  to  the 
committee  on  military  affairs. 

Mr.  Echols  offered  the  following 

RESOLUTION: 

Resolved ,  That  his  excellency,  the  governor,  be,  and  he  is' 
hereby  authorized  and  instructed  to  accept  of  sucli    organized 

military  volunteer  companies  whose  services  have  been  tendered 
him  for  the  defence  of  the  State  of  Arkansas. 

Which,  after  considerable  discussion,  was  withdrawn. 

Mr.  President  announced  that  motions  and  resolutions  were 
in  order. 

On  leave,  Mr.  Hill,  from  a  select  committee,  made  a  verbal 
report,  stating  that  said  committee  had  instructed  him  to  report 
the  following  ordinance,  and  recommend  its  adoption: 

ORDINANCE  No.  8. 

AN  ORDINANCE  to  appropf  idle  ivoncjj  to  advance  to   volunteers  for 
t/ie.  use  of  the  Confederate   Troops. 

Beit  ordained  by  the  people  of  the  State  of  Arkansas,  in  con- 
vciilion  assembled ,  That  ten  thousand  dollars  be  appropriated, 
out  of  any  money  in  the  treasury  unappropi-iated,  to  be  paid 
to  the  colonel  of  the  regiment  of  volunteers  now  being  organi- 
zed in  the  State  of  Arkansas  for  the  Confederate  States,  and  to 
be  by  him  advanced  to  said  volunteers  in  sums  of  twelve  dol- 
lars to  each  private  and  non-commissioned  officer. 

Be  it  further  ordained,  That  said  sum  shall  be  advanced  as 
a  loan,  and  be  repaid  by  said  volunteers  out  of  the  first  pay- 
ment made  to  said  volunteers  by  the  Confederate  States,  and 
tiie  colonel  of  said  regiment  is  hereby  made  an  agent  to  collect 
and  Iransmit  the  same  to  th»^  treasurer  of  this  state. 

Be  it  further  ordained,  That  upon  the  receipt  of  said  sum  of 
money  by  the  colonel  of  said  regiment,  he  shall  execute  a 
receipt,  acknowledging  the  same,  and  engaging  to  use  all  rea- 
sonable exertions  to  collect  from  said  volunteers  the  said  sum 
of  money  and  pay  it  into  the  state  treasury. 

Be  it    further   ordained,    That    the  said  colonel  shall    take 


140  JOURNAL    OF 


receipts  from  said  troops  for  said  sums  advanced,  promising  to 
refund  the  same  out  of  the  first  payments  as  aforesaid. 

Which  was  read  and  adopted. 
Mr.  Echols  offered  the  following 

RESOLUTION: 

RfSohcd,  That  his  excellency,  the  governor,  be,  and  he  is 
hereby  authorized  and  instructed  to  accept  of  such  organized 
military  companies  whose  services  have  been  tendered  him  for 
the  defence  of  the  State  of  Arkansas;  Provided,  That  such 
volunteer  companies  shall  not  receive  pay  until  mustered  into 
service. 

jMr.  Bussey  offered  the  following  as  a  substitute  for  the  reso- 
lution: 

Resolved,  That  the  governor  or  military  board,  which  may 
hereafter  be  organized,  be,  and  they  are  hereby  authorized  and 
empowered  to  accept  all  military  companies,  to  the  extent  of 
ten  regiments,  that  may  be  tendered  to  him  or  them,  but  with 
the  express  condition,  that  all  companies  accepted  under  this 
resolution  are  to  be  kept  and  retained  in  their  respective  coun- 
ties, at  their  own  proper  cost,  until  such  companies  are  called 
into  actual  service,  and  then  the  said  companies  are  to  be 
accepted  into  said  service  in  the  order  in  which  they  have 
respectively  applied. 

On  motion  of  Mr.  Smoote,  both  the  resolution  and  the  sub- 
stitute were  referred  to  the  committee  on  militia, 
Mr.  Gould  offered  the  following 

RESOLUTION: 

Resolved,  That  the  committee  on  military  affairs  be  instructed 
to  prepare  an  ordinance  }/roviding  pecuniary  assistance  from 
the  state  treasury,  of  families  of  persons  residing  the  state,  who 
may  be  engaged  in  the  military  service  of  the  state,  or  of  the 
Confederate  States. 

Which  was   read;  and,    on   leave,  Mr.  Gould   introduced  an 

ordinance  for  the  purposes  specified  in  the  resolution,  entitled 

ORDINANCE  No.  9, 
Fur  Iha  relief  of  those  engaged  in  the  ?7uliiary  service. 
Which  was  also  read. 

The  resolution  was  then  adopted;  and  on  motion  of  Mr. 
Gould,  the  ordinance  was  referred  to  the  committee  on  the 
judiciary. 


THE    CONVENTION.  141 


Mr.  Patterson,  of  Jackson,  gave  notice  that,  within  the  time 
prescribed  by  the  rules  of  the  convention,  he  would  move  the 
organization  of  a  committee  on  the  judiciary,  and  a  committee 
on  finances,  to  be  and  remain  standing  committees  of  this  con- 
vention during  its  existence. 

On  motion  of  Mr.  Fuller,  Mr.  Gould  was  added  to  the  com- 
mittee on  militia. 

On  motion  of  Mr.  Totten,  of  Arkansas.  Mr.  Desha  wa.:}.  added 
to  the  same  committee. 

Mr.  Ray  offered  the  following 

RESOLUTION: 

Resolved,  That  the  two  military  companies  organized  in  the 
county  of  Polk  be  furnished,  by  the  proper  authorities,  with 
powder  and  lead  sufficient  to  enable  them  to  protect  the  good 
people  of  said  count}''  in  the  present  crisis,  and  to  make  ihem 
available  in  case  they  should  be  called  into  the  service  of  the 
state  or  the  Confederate  States. 

Which,  on  motion  of  iMr.  Ilanly,  \vas  referred  to  the  com- 
mittee on  militia. 

Mr.  Johnson  offered  the  following 

RESOLUTION: 

Resolved,  That  a  committee  of  three  be  appointed  by  the 
president  of  this  convention,  whose  duty  it  shall  be  to  examine 
the  condition  of  the  muskets  and  other  arms  in  the  arsenal, 
and  report  immediately  such  improvements  or  alterations  as 
they  deem  necessary,  with  the  probable  cost  of  making  the 
same. 

Which   was   adopted;  and   Mr.  President  appointed  Messrs. 

Johnson,  Desha  and  Gunter,  such  committee. 

Mr.  Lanier  offered  the  following 

RESOLUTION: 

Resolved,  That  the  adoption  of  the  provisional  constitution 
uf  the  Confederate  States  of  America  be  made  the  special  order 
of  the  day  for  Thursday,  Dth  inst.,  at  10  o'clock,  and  further, 
that  this  convention  proceed  at  once,  after  the  passage  of  said 
ordinance,  to  elect  commissioners  to  said  Confederate  States  of 
America. 

Mr.  Garland,  of  Pulaski,  moved  to  amend  by  adding: 

Provided,  That  by  that  time  the  president  of  this  convention 
shall  have  received  answers  to  the  dispatches,  directed  by  pre- 


14*2  JOURNAL    OF 


vious  resolution  of  this  convention,  to  be  sent  to  the  president 
of  the  Southern  Confederacy,  relative  to  the  State  of  Arkansas 
joining  «uch  confederacy;  And  provided,  The  committee  on 
ordinances  and  resolutions  shall  report  at,  or  before  that  time, 
on  the  ordinance  referred  to  them  in  relation  to  uniting  the  State 
of  Arkansas  in  such  confederacy. 

Which  amendment  was  accepted;  and  the  resolution,  as 
amended,  was  adopted. 

On  motion  of  Mr.  Smootc,  the  committee  on  ordinances  were 
instructed  to  prepare  and  report  to  this  convention  an  ordinance 
for  such  purpose. 

Mr.  Floyd  gave  the  following  notice: 

Mr.  President — 

I  now  give  notice  that  on  to-morrow  I  will  propose  the 
following 

CHANGE  OF  RULE: 

Rtsohcd,  That  the  unfinished  business  of  the  previous  day 
shall  be  first  in  order  on  the  next  morning  after  the  journal  is 
read  and  signed,  in  preference  to  all  other  business. 

On  leave,  Mr.  Kennard  offered 

ORDINANCE  No;  10. 

Entitled  an  ordinance  providing    for  the  appropriation  of  the 
i^  funds  in  the  hands  of  the  receiver  of  public  mounjs  at   Bates- 
ville. 

Section  1.  Be  it  ordained  by  the  people  of  the  State  of  Arkan- 
sas in  convention  assembled,  That  all  moneys  in  tije  hands  of 
the  late  receiver  of  public  moneys  in  the  Batesviile  land  dis- 
trict of  the  United  States,  be,  and  they  are  hereby  appropriated 
for  the  purchase  of  arms,  for  the  purpose  of  arming  and  equip- 
ping volunteer  companies  that  have  been,  or  may  hereafter  be 
organized,  and  ready  for  service  in  the  army  of  the  State  of 
Arkansas,  within  the  counties  composing  said  United  States 
land  district. 

Sec.  2.  Be  it  further  ordained,    That  ,   and   

-,  and ,  be,  and  they  are  hereby  appointed  a  com- 


mission, to  superintend  the  purchase  and  distribution  of  arms  for 
the  couuties  referred  to  in  the  foregoing  section,  whose  duty  it 
shall  be,  immediately  on  being  notified  of  their  appointment, 
to  select  one  of  their  number  to  purchase,  as  soon  as  possible, 
such  arms  as  the  commission  shall  agree  upon,  and  such  quan- 
tity of  them  as  the  funds  hereby  appropriated  will  be  sufficient 
to  purchase. 


THE    CONVENTION.  143 

Sec.  3.  Be  it  further  ordained,  That  the  late  receiver  of  pub- 
lic moneys  of  the  Batesville  land  district,  be,  and  he  is  hereby 
required  to  deposit  all  the  funds  in  his  hands,  as  such  receiver, 
in  the  county  treasury  of  Independence  county,  taking  his 
receipt  therefor;  which  receipt  shall  be  a  voucher  for  said 
receiver,  in  any  settlement  he  may  hereafter  be  required  to 
make  with  the  state,  for  the  purpose  of  ascertaining:  the  amount 
of  money  in  his  hands. 

Sec.  4.  Be  it  ordained,  That  ■ ,  and ,  and 

,  the  commissioners  aforesaid,  are  hereb}'  authorized 

to  draw  upon  the  treasurer  of  Independence  county,  lor  any 
and  all  moneys  deposited  in  his  hands,  under  the  provisions  of 
the  forcfj;oing  section,  in  payment  for  such  arms  as  they  may 
purchase,  and  !*hall  render  a  taithful  account  of  all  arms  pur- 
chased, and  moneys  paid  therefor,  to  the  auditor  of  public 
accounts. 

Sec.  5.  Be  it  ordained,  That  the  auditor  of  public  accounts 
shall  audit  the  accounts  of  the  commissioners  and  of  the  trea- 
surer of  Independence  county,  in  all  matters  of  account  aris- 
ing under  this  ordinance,  and  give  to  them  proper  receipts  and 
discharges,  and  keep  a  record  of  the  same  as  of  other  official 
transactions. 

Sec.  6.  Be  it  ordained.  That  all  aims  purchased  under  the 
provisions  of  this  ordinance,  shall  be  dep(isited  by  the  commis- 
sioners, in  equal  quantities,  at  Batesville,  in  Independence 
county;  in  .lacksonport,  in  Jackson  county,  and  at  Pocahontas, 
in  Randoph  county;  and  shall,  under  the  direction  and  control 
of  said  commissioners,  be  distributed  among  the  several  coun- 
ties composing  said  United  States  land  district,  according  to  the 
representation  of  said  counties  in  this  convention,  and  to  vol- 
unteer comj)anies  therein,  the  commissioners  taking  receipts  of 
captains  of  companies,  or  colonels  of  regiments  therefor,  which, 
when  all  of  said  arms  shall  be  distributed,  shall  be  tiled  in  the 
office  of  the  secretary  of  state. 

Which  was  read. 

Mr.  Bussey  moved  to  amend  by  including  Ghampagnolle 
land  district  in  the  provisions  of  the  ordinance;  which  was 
accepted. 

Mr.  Carrigan  moved  to  amend  by  including  Washington  dis- 
trict in  the  provisions  of  the  ordinance;  wwich  was  accepted. 

Mr.  Murphy  moved  to  amend   by  including  Fa^-etteville  dis-    ^ 
trict  in  the  provisions  of  the  ordinance;  which  was  accepted. 

Mr.  Totten,  of  Arkansas,  moved  to  amend  by  including 
Helena  district  in  the  provisions  of  the  ordinance;  which  was 
also  accepted. 


144  JOUENAL    OF 


And  on  motion  of  Mr.  Smoote,  the  ordinance,  as  amended, 
was  indefinitely  postponed.. 

Mr.  Fi.shback  offered  the  following 

RESOLUTION: 

Resolved,  That  in  order  to  afford  the  several  committees  of 
this  body  time  to  elaborate  ihe  subjects  now  before  them,  this 
convention  suspend  its  afternoon  sessions  until  Monday  next. 

Which  was  adopted. 

Mr.  Dollarhide  offered  the  following 

RESOLUTION: 

Resolved,  That  the  president  of  the  convention  appoint  a 
special  committee  consisting  of  seven  delegates,  to  consider  the 
propriety  of  sending  commissioners  from  the  State  of  Arkan- 
sas, to  consult  the  constituted  authorities  of  the  several  Indian 
territories,  who  have  organized  governments,  on  the  western 
border  of  said  state,  to  ascertain  upon  what  terms  and  condi- 
tions they  are  willing  to  unite  their  destinies  with  the  Confed- 
erate States,  and,  if  thought  expedient,  said  committee  to  report 
an  ordinance  providing  ibr  the  same. 

Which  was  lost. 

Mr.  Hobson  presented  the  following 

COMMUNICATION: 

To  the  Ilonorahle  State  Convention  of  Arkansas — 

The  fubscriber  respectfully  represents  that  he  is  an  agent 
of  the  Pine  Bluff  telegraph  company,  a  corporation  existing 
under  a  charter  of  the  legislature  of  the  State  of  Arkansas; 
that  the  said  telegraph  company  contemplated  the  construction 
of  several  lines  of  telegraph  within  the  state,  as  authorized  in 
said  charter,  and  amounting  in  all,  near  a  thousand  miles;  that 
the  said  company  have  now  in  operation  a  line  from  Pine  Bluff 
to  Little  Rock;  that  the  stock  in  the  extension  of  the  line  from 
Pine  BiurT  to  Napoleon,  is  now  short  of  the  amount  desired. 

That  the  subscriber  has  been  engaged  the  past  two  months  in 
soliciting  stock  for  the  extension  of  the  line  from  Pine  Bluff'  to 
Princeton,  Camden,  Eldorado  and  Magnolia,  to  the  state  line  of 
Louisiana,  and  from  Princeton  to  Arkadelphia  and  Washing- 
ton, and  state  line  of  Texas,  and  that  the  amount  of  stock  thus 
far  subscribed  will  not  v^arrant  the  undertaking  of  immediate 
construction. 

The  subscriber,  therefore,  in  behalf  of  said  telegraph  com- 
pany, solicits  a  stock  subscription  from  the  State  of  Arkansas, 
and  to  advance  the  amount  so  subscribed,  in  order  to  facilitate 


THE    CONVENTIOX.  145 


said  extensions  to  immediate  completion,  and  for  the  part  pur- 
chase of  wire,  etc. 

By  the-  state  subscribing  the  following  amounts  on  routes 
designated,  the  lines  can  be  completed  within  GO  or  90  dayy 
after  the  receipt  of  the  wire — several  miles  of  wire  now  being 
on  hand  at  Pine  Blulf. 

The  number  of  miles  would  be  292,  and  the  stock  subscrip- 
tion desired $8,250  00 

Finished — Pine  Bluff  to  Little  Rock,  47  miles. 

Pine  Bluff  to  Napoleon  80  miles .^20  f^l  000  00 

"         "       "   Princeton,  45  miles 'AO  1,:}50  00 

Princeton  to  Camden-  •  35  miles V>0  1,050  00 

"       to  ArkadelphiaSO  miles 50  2,500  00 


No.  miles 292  $8,250  00 

The  subscriber  in  behalf  of  said  companj'  will  be  pleased  at 
any  time  to  give  any  further  information  in  regard  to  the  sub- 
ject he  may  be  called  upon.  If  this  matter  is  favorably  con- 
sidered, the  wwrk  on  all  the  routes  will  be  commenced  within 
a  week  from  the  day  of  the  decision. 

Respectfully, 

J.  SNOW,  Agcjit 

P.  B.    Telegraph    Co. 

Which  was  read  and  on  motion  of  IMr.  llobson,  referred  to 
the  comm.ittee  on  state  affairs. 

JMr.  Johnson  presented  an  account  against  the  convention  for 
telegraphing,  which  was  read  and  referred  to  the  committee  on 
ways  and  means. 

?.Ir.  Griffith,  fi'om  the  committee  on  enrollments,  made  the 
follow'ing 

REPORT: 
]\Ir.  President — 

The  committee  on  enrollment.s  have  examined  "an 
ordinance  to  appropriate  money  to  advance  to  volunteers  for 
the  use  of  the  Confederate  troops,  and  instruct  me  to  report  the 
same  correctly  enrolled. 

GRIFFITH,  Chairman. 

Which  was  received. 

Mr.  Flanagin,  from  a  select  committee,  made  the  following 


10 


146  JOURNAL    OF 


REPORT: 

3Ir.  Peesident — ■ 

The  committee  who  were  instructed  to  call  upon  the 
governor  and  inform  him  of  the  organization  of  this  body  have 
done  t-o,  and  beg  leave  to  report  that  they  have  performed  that 
duty,  and  that  the  governor  informed  them  that  he  would  make 
a  communication  to  this  b  jdy  at  an  early  day. 

FLANAGIN,  Chairman. 

Which  was  read  and  received. 

Mr.  Garland,  of  Pulaski  introduced  the   following  ordinance 

(No.  11,)  to  suspend  an  act  of  the   legislature  of  the  State   of 

Arkansas,  approved  on  the  Ifith  day  of  January,  1801,  entitled 

"  an  act  to  aid  the  foreclosure  of  the  stock  mortgages  given  to 

secure  stock  subscriptions  to  the  Real  Estate  Bank  of  the  State 

of  Arkansas." 

Be  it  ord'iincd  by  the,  'people  of  the  Stale  of  Arkansas  in  conven- 
tion assembled,  That  the  act  passed  and  approved  by  the  legis- 
lature of  the  State  of  Arkansas,  on  the  16th  day  of  January, 
1S61,  entitled  "  an  act  to  aid  the  foreclosure  of  the  stock  moit- 
gages  given  to  secure  stock  subscriptions  to  the  Real  Estate 
Bank  of  the  State  of  Arkansas,"  shall  not  take  effect  and  be 
in  force  until  the  1st  day  of  January,  A.  D.  1863,  and  the  law 
officer,  whose  duty  it  is  under  said  act  to  take  steps  to  foreclose 
the  mortgages  as  therein  provided,  shall  not  proceed  to 
have  such  mortgages  foreclosed  until  the  1st  day  of  January. 
1853. 

Which  was  read,   and  en  motion   of  Mi".  Fuller,  referred  to 

the  committee  on  judiciary. 

JMr.  Johnson  introduced 

ORDINANCE  No.  12. 

Be  it  and  it  is  hereby  ordained  by  the  'people  of  Arkansas,  in 
convcnii.on  assembled,  That  the  county  court  in  each  of  the 
counties  of  this  state,  be,  and  they  are  hereby  empowered  to 
levy  and  collect  a  tax,  and  appropriate  means  for  the  protection 
of  their  respective  counties,  and  for  such  other  purpose  as  they 
may  deem  necessary  for  their  protection.  The  rate  of  taxation 
to  be  passed  by  such  county  court  for  the  county  for  which 
such  court,  under  the  law  sits  and  transacts  business.    ' 

Mr.  Hill  offered  to  ame>«d  by  inserting  "  or  use  their  internal 
improvement  fund  for  that  purpose." 

Which  was  accepted   and  on  motion  of  Mr.  Thomason,  the 


THE    CONVENTION.  147 


ordinance,  as  amended,  was  referred  to  the  committee  on  the 
judiciary. 

Mr.  Echols  offered  the  following 

RESOLUTION. 

Resolved,  That  organized  military  volunteer  companies 
whose  services  have  been  tendered  to  the  governor  lor  the 
defence  of  the  State  of  Arkansas,  be,  and  are  hereby  entitled 
to  arms;  Provided,  That  on  the  receipt  of  the  arms,  such  volun- 
teer companies  be  required  to  give  bond  for  the  same. 

Which,  on  motion  of  Mr.  Smoote  was  referred  to  the  com- 
mittee on  militia. 

Mr.  Cypert  offered  the  following 

RESOLUTION: 

Resolved,  That  this  convention  should  not  assume  legislative 
powers  further  than  are  necessary  as  incidents  growing  out  ot 
the  change  of  our  federal  relations,  and  providing  for  the  im- 
mediate defence  of  the  state  by  placing  her  militia  upon  a  war 
footing. 

Which,  on  motion  of  Mr.  Mansfield,  was  referred  to  the  judi- 
ciary committee. 

Mr.  Wallace  offered  the  following 

RESOLUTION: 

Resolved,  That  the  committee  on  judiciary  be  directed  to 
take  into  consideration  the  propriety  of  passing  an  ordinance 
staying  for  a  certain  time  the  collection  of  all  debts  in  the  State 
of  Arkansas,  and  report  to  the  convention  at  an  early  day. 

Which  was  adopted. 

Mr.  Watkins  offered  the  following 

RESOLUTION: 

Resolved,  That  reports  from  the  committee  on  enrollments  be 
received  at  any  time. 

Which  was  adopted. 

Mr.  President  then  announced  the  following  committees 
under  resolutions  previouslj-  adopted. 

Judiciary  Committee. — Messrs.  Hanly,  Turner,  Flanagin, 
Cypert,  Batson,  Smoote,  Murphy,  Gould  and  Kennard. 

Committee  on  Landed  Interests. — Messrs.  Floyd,  Baber,  Hil- 


148  JOURNAL    OF 


Hard,  Dinsmore,  Garland  of  Hempstead,  Hobson  and  Stilhvell. 
On  motion   of  Mr.  Bussey,  the  convention  adjourned  until 
to-morrow  morning  9  o'clock, 

DAVID  WALKER, 

President. 


Thursday,  May  dth,  18G1. 
Convention  met  pursuant  to  adjournment. 
Roll  called.' 

present: 

Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin,  Baber, 
Batson,  Bolinger,  Bradley,  Bush,  Bussey,  Campbell,  Carrigan, 
Clingman,  Crenshaw,  Cryer,  Cypert,  Cochran,  Desha,  Dins- 
more,  Dodson,  Dollarhide,  Echols,  Fishback,  Flanagin,  Floyd, 
Fort,  Fuller,  Garland  of  Hempstead,  Garland  of  Pulaski,  Gould, 
Grace,  Griffith,  Gunter,  Hanly,  Hawkins  of  Ashley,  Hawkins 
of  Sevier,  Hobbs,  Hobson,  Johnson,  Kelly,  Kennard,  Lanier, 
Laughinghouse,  Mansfield,  Mayo,  Murphy,  Parks,  Patterson 
of  Jackson,  Patterson  of  Van  Buren,  Ray,  Rhodes,  Robinson, 
Shelton,  Slemons,  Smith,  Smoote,  Spivey,  Stallings,  Stillvvell, 
Stout,  Tatum,  Thomas(^n,  Totten  of  Arkansas,  Totten  of  Prai- 
rie, Turner,  Walker,  Wallace,  Watkins,  Yell  and  Mr.  Presi- 
dent—69. 

On  leave,  Mr.  Yell  introduced  the  following 

ORDINANCE  No.  13. 

Be  it  ordained  by  the  'people  of  the  State  of  Aakansas  in  con- 
vention assembled,  That  the  governor  of  the  State  of  Arkansas 
is  hereby  authorized  to  commission  all  the  ofncers  elected  by 
the  volunteer  regiment  No.  1,  without  regard  to  any  law  of  the 
State  of  Arkansas,  concerning  elections,  upon  the  presentation 


THE    CONVENTION.  149 

to  him  of  the  names  of  said  officers  and  their  grades  of  office. 
And  so  soon  as  they  are  commissioned  he  will  tender  said  regi- 
ment to  the  President  of  the  Confederate  States,  to  be  employed 
under  his  command,  as  a  regiment  of  the  Confederate  States. 

Which  was  adopted. 

The  journal  of  yesterday  was  then  read,  approved  and 
signed. 

Mr.  President  presented  the  following  telegraphic  dispatch 
from  the  President  of  the  Confederate  States: 

Montgomery,  Ala.,  Mai/ 8th,  18G1. 
To  Hon.  D.Win  Walker, 

P reside?} t    Convcnticni: 

Welcome  and  congratulations  to  Arkansas.  Each  state  casts 
bat  one  vote  in  the  Congress,  and  may  send  as  many  delegates 
as  she  chooses.  The  usage  is  not  to  exceed  the  number  of 
senators  and  representatives  had  in  U.  S.  Congress.  Let  dele- 
gates bring  official  copy  of  ordinance  of  secession  and  acces- 
sion to  this  Conlederacy. 

JEFF  DAVIS. 

Which  was  read  and  received. 

Mr.  President  also  presented  the  following  communication 
from  the  governor  of  the  state: 

Executive  Otfice,  LUtlc  Rock,         ) 
May  9th,  1861.  \ 

ilon.   David   Walker, 

President  of  the  State  Convention: 

Herewith  I  beg  leave  to  present  a  communication  and 
accompanying  papers,  touching  the  state  of  the  country,  which 
it  will  be  well  perhaps,  to  exclude  at  this  time,  from  general 
circulation. 

Respectfully, 

H.  M.  RECTOR. 


150  JOURNAL    OF 


GOVERNOR'S    MESSAGE. 

EXECUTIVE  OFFICE,  ) 

Little  Rock,  Ark.,  May  6th,  1881. j 

Hon.  David  Walker, 

President  of  the  Slate  Convention: 

In  response  to  the  invitation  given  me  by  your  hono- 
rable body  to  communicate  to  it  any  views  that  I  might  desire 
to  submit,  I  avail  myself  of  the  opportunity  to  present  the  fol- 
lowing, touching  the  military  and  linancial  condition  of  the  gov- 
ernment, having  as  its  executive  officer  been  intimately  con- 
nected recently  in  important  movements  necessary  for  its  defence 
and  safety. 

Unexpectedly  by  the  late  proclamation  of  president  Lincoln, 
a  state  of  war  has  been  provoked,  involving  eacH  and  every 
state  of  the  old  confederacy. 

That  document  I  regard  as  a  declaration  of  hostilities  as 
well  against  the  states  seceded  as  those  still  lingering  in  the 
old  Union;  each  slaveholding  or  southern  state  having  annouced 
distinctly  an  utter  repugnance  to  the  doctrine  of  coercion  or 
subjugation  of  American  freemen  in  or  out  of  the  union. 

Upon  this  point  at  least,  wc  are  and  have  been  a  unit,  for  it 
strikes  away  the  corner-stone  from  the  temple  of  American 
liberty. 

Immediately  following  the  proclamation  issued  by  the  Presi- 
dent, I  had  the  honor  of  receiving  from  the  Hon.  Simon  Came- 
ron, secretary  of  war  for  Mr.  Lincoln's  government,  a  requisi- 
tion for  seven  hundred  and  eighty  men  to  be  raised  from  my 
fellow-citizens  of  Arkansas,  for  the  very  humane  and  christian 
purpose  of  "  wiping  out"  and  desolating  the  south  by  fire  and 
sword,  and  other  select  appliances  conceived  of  by  the  horde 
of  motley  mercenaries  now  marshaled  under  and  desecrating 
the  Hag  of  the  American  Union. 

To  the  communication  of  Mr.  Cameron,  I  returned  the  fol- 
lowing reply — brief  but  clearly  indicative  of  what  I,  as  the 
executive  of  this  free  people,  conceived  to  be  a  fitting  response 
to  such  a  piece  of  presumption  and  ignorance.  For  I  take  it 
for  granted  that  whatsoever  is  evolved  from  so  high  a  political 
circle  as  the  cabinet  at  Warhington,  is  put  forth  at  least  in  a 
spirit  of  candor  and  not  in  hypocritical  pretence  and  parade, 

■-  Executive  Office,  ) 

Little  Rock,  Ark.,  April  22d,  1861. i 
Hon.  Simon  Cameron, 

Secretary  of  War,   WasJiington  City,  D.   C. 
In  answer  to  your  requisition  for  troops  from  Arkansas,  to 


THE    CONVENTION.  151 

subjuj^ate  the  southern  states,  I   have  to  say,  that  none  will  be 
furnished.     The  demand  is  only  adding  insult  to  injury. 

The  people  of  this  commonwealth  are  freemen,  not  slaves, 
and  will  defend  to  the  last  extremity  their  honor,  livesand  por- 
perty,  against  northern  mendacity  and  usurpation. 

HENRY  M.  RECTOR, 

Governor  of  Ai-kaiisas. 

The  purpose  declared  by  President  Lincoln  of  retaking  the 
forts  and  arsenals  being  peculiarly  pertinent  to  the  atlitude 
assumed  by  Arkansas  in  reference  to  such  properties,  I,  as  pre- 
cautionary against  any  movement  contemplated  for  the  recap- 
ture of  the  Arsenal  at  this  place,  took  immediate  steps  to 
inform  myself  if  a  concentration  of  troops  should  be  attempted 
at  Fort  Smith,  assuming  that  such  a  movement  would  be  clearly 
indicative  of  a  present  intention  to  repossess  the  arsenal  here. 

On  the  19th  April,  1  received  intelligence  direct  from  Fort 
Smith,  and  from  a  source  that  I  esteemed  reliable,  to  the  eifect 
that  a  reinforcement  of  1,000  United  States  troops  had  been 
ordered  to  repair  promptly  to  that  post.'  A  sense  of  duty 
])r(impted  me  to  take  steps  to  intercept  the  additional  command, 
and  that  said  fort  might  not  in  future  become  the  nucleus  of 
an  imposing  force,  I  thought  it  best  to  reduce  it  to  statue  autho- 
rity, and  convert  it  into  an  encampment,  fort  or  barracks,  for 
the  accommodation  and  security  of  an  army  of  friends  instead 
of  a  "  masked  battery,"  manned  by  astute  and  agile  enemies. 

Col.  Solon  Borland,  a  gentleman  in  whom  I,  and  those  uhom 
he  commanded  had  the  most  implicit  confidence,  was,  as  my 
aid-de-camp,  put  in  command  of  the  expedition  with  instruc- 
tions to  reduce  Fort  Smith  and  its  contents,  whether  reinforced 
or  not  to  the  pos?ession  and  authority  of  the  state,  which  was 
done  to  my  entire  satisfaction,  and  I  hope  to  that  of  every  citi- 
zen who  has  the  honor  and  welfare  of  his  country  at  heart. 

Brigadier-general  N.  B.  Burrow  is  now  in  command  of  this 
post  and  public  property  captured  with  it,  with  directions  to 
detach  a  sufficient  force  from  his  brigade  to  secure  it  against 
recapture  by  the  United  States  forces. 

Very  shortly  subsequent  to  ]Mr.  Lincoln's  declaration  of  war, 
the  people  of  Cincinnati  having  instinctive  proclivities  towards 
public  plunder,  arrested  as  it  is  understood,  a  portion  of  arms 
and  equipments  contracted  for  in  New  York  by  Messrs.  Danley 
and  Churchill,  commissioners  appointed  by  the  legislature  to 
jierform  that  service;  four  pieces  of  artillery,  ammunition  and 
lixtures  therefor,  and  some  cavalry  accoutrements  being  the 
articles  detained,  the  residue  of  the  goods  bought  in  New  York 
having  been  received  here  previous  to  the  inauguration  of  the 
Cincinnati  policy.  Self-preservation  being  the  first  law  of 
nature  from  which  the  Icx-ta/ionis  is  well  established,  our  citi- 
zens very  properly,  as  1  think,  followed  the  precedent  set  by 


152  JOURNAL    OF 


the  people  of  Cincinnati,  and  captured  for  detention,  not  con- 
H^ication,  several  vessels  northward  bound,  and  belonging 
exclusively  to  the  people  of  that  city — and  upon  inquiry  made 
of  mc  upon  this  subject,  I  gave  an  order  to  Major  General 
James  Yell  to  take  charge  of  said  steamboats,  "  Mars"  and 
"  Ohio  Belle" — to  secure  them  and  their  cargoes  against  waste 
or  damage  until  restitution  should  be  made  of  the  property 
captured  in  Cincinnati.  So  far  no  exchange  has  been  made, 
and  the  boats  remain  under  and  subject  to  the  proper  authori- 
ties of  Arkansas. 

STEAMBOATS    SEIZED    AT    NArOEEOX. 

Steamboat  '•  Ohio  Belle,"  about  1000  tons  burde!i;  well  fitted 
for  transporting  troops  on  the  JMississi'ppi  river.  Her  cargo  con- 
sists of  1500  sacks  of  salt. 

Steamboat  "  Hetty  Gilmer,"  about  150  tons  burden — \tell 
adapted  for  the  Arkansas  and  White  rivers — light  draught. 
Has  a  valuable  cargo  of  assorted  produce. 

In  connection  with  this  subject,  1  will  mention  also  that  the 
citizens  of  Napoleon  and  Pine  BluiT,  upon  their  own  volition, 
have  recently  captured  a  large  amount  oFgovernment  subsis- 
tence stores  and  some  cavalry  equii)ments.  Which  transpiring' 
subsequent  to  the  late  proclamation  of  Mr.  Lincoln,  I  also 
approbated  and  consented  to  receive  in  the  name  of  the  state, 
and  pay  the  current  charges  due  for  freight  out  of  the  public 
treasury. 

Regarding  it  as  almost  providential  that  in  time  of  great 
scarcity,  and  when  positive  inhibition  is  enlorced  against  even 
the  transportation  south  of  the  necessaries  of  life,  that  these  * 
cargoes  should  be  lodged  amongst  our  people — who  are  as 
justly  entitled  to  them  as  those  inhabiting  any  other  portion  of 
the  original  Union.  But  immaterial  as  the  legal  right,  the  act 
I  conceive  to  be  fully  justifiable  upon  the  score  of  self-defence 
and  self  preservation,  nature's  first,  noblest  and  universal  law. 

On  the  2d  ult.,  intelligence  was  received  from  the  authorities 
and  the  people  of  East  Arkansas  and  West  Tennessee,  that  a 
large  force  of  Mr.  Lincoln's  troops  were  assembling  rapidly  at 
Cairo,  having  heavy  ordnance,  horses,  and  adjuncts  necessary- 
for  aggressive  warfare.  Universal  alarm  and  uneasiness  pre- 
vailed upon  the  eastern  border,  evincing  a  well  grounded  appre- 
hension that  a  descent  from  Cairo  w^as  contemplated  down  the 
jMississippitbr  the  avowed  purpose  of  laying  waste  to  all  which 
might  perchance  be  in  the  way.  Believing  that  even  short 
delay  might  invite  an  attai^k  upon  our  citizens,  and  knowing 
their  utter  destitution  of  the  means  of  defence  if  invaded,  I 
dispatched  a  message  to  Gov.  Harris  enquiring  whether  he  by 
authority  would  co-opera. e  with  Arkansas  in  the  defence  ei^  , 
the  Mississippi.     His  assent  to  the  proposition  was  prompt  and* 


THE    COXVENTION.  153 


fuily  to  the  point.  Gen.  Yell  was  called  immrdiately  into 
service,  and  orders  issued  by  me  to  rendezvous  such  toi'ces  as 
in  hi.-5  opinion  became  necessary,  opposite  or  near  the  city  of 
^Memphis,  and  to  act  in  conjunction,  as  far  as  possible,  with 
that  city  and  the  people  of  Tennessee  in  the  common  defence 
of  that  portion  of  the  country;  confining  his  operations  however 
to  our  own  limits  and  not  for  aijgression,  but  fur  defensive  pur- 
poses. 

From  his  verbal  report,  1  learn  that  he  has  live  hundivd  men 
under  arms  at  Mound  City,  under  strict  discipline,  arined  and 
equipped  for  the  most  efficient  service.  This  much,  in  a  mib- 
t;u-y  point  (d'  view,  I  deemed  it  my  duty  to  do;  the  constiruci')n 
and  la\\'s  passed  in  conformity  thereto  authorizing  and  liirectini^ 
me  "to  protect  the  state  against  invasion,"  in  such  manner  as 
the  exigency  may  recpiire,  and  to  emplo"  the  army  thereof  lor 
til  at  purpose. 

The  timely  convocation  of  your  honorable  bod}',  possessing 
plenary  povvers  under  the  scope  of  its  delegated  authority,  rep- 
resenting the  'entire  people  of'  the  state,  evades  tlie  necessity 
of  assuming  further  responsiliilities  on  m}'  part  touching  these 
important  movements,  until  the  status  of  the  government  shall 
be  authoritatively  fixed,  and  a  policy  indicated  for  the  future 
guidance  of  those  who  may  be  charged  in  future  with  the 
maintainance  and  defence  of  the  state.  If  left  to  me.  it  must 
not  be  anticipated  else  than  that  the  last  sinew  in  the  last  arm 
of  the  last  man  in  .Arkansas,  myseft  with  the  rest,  shall  be 
brought  in  requisition  rather  than  a  flag  of  conquest  and  dis- 
honor shall  be  unfurled  ever  our  people.  For  to  us,  it  is  a 
war  of  successful  defence  or  extermination — ^one  of  liberty  or 
death — between  which  I  cannot  doubt  that  Arkansians  will 
hesitate  to  choose. 

War,  though  no  luxury,  is  nevertheless  an  expensive  indul- 
gence, and  requires  money  to  conduct  it  successfully,  or  even 
at  all. 

Arkansas  I  regard  as  being  in  the  most  exposed  condition  of 
any  state  in  the  Union.  Iler  contiguity  to  the  Indian  territo- 
ries west,  which  countries  are  regarded  by  the  opposing  govern- 
tnents  respectively,  as  important — nay,  indispensable  adjuncts, 
will  make  her  western  border  almost  the  exclusive  theatie  of 
,war  west  of  the  Mississippi.  The  germ  of  present  difficulties 
was  found  in  Kansas,  and  their  solution  will  be  had  in  a  great 
battle  to  be  fought  upon  the  .same  soil,  I  predict. 

Xov  are  we  less,  but  more  exposed  on  the  shores  of  tlie  ]\Iis- 
sissippi.  The  topogrnphy  of  the  country  there  is  inauspicious 
for  defence,  insalubrious  for  troops,  and  presenting  formidable 
obstacles  lor  their  transportation  or  necessary  local  movements 
or  evolutions. 


154  JOURNAL    OF 


With  the  co-operation  of  Tennessee,  however,  our  security 
is  much  increased,  and  successful  defence  made  practicable. 

Amongst  others  to  the  state,  there  is  a  serious  difficulty  in 
the  lack  of  arms.  The  supply  consists  in  10,000  stand  of 
infantry,  cavalry  service  for  one  regiment,  with  thirty  pieces  of 
artillery,  all  told — the  latter  generally  of  small  caliire,  and 
many  pieces  unfit  for  service. 

A  moiety  of  these  given  to  the  eastern  and  western  borders, 
would  aftbrd  eLch  section  or  locality,  arms  for  5,000  men.  This 
force,  though  formidable  under  ordinary  circumstances,  might 
nevertheless  be  confronted  by  an  army  of  six  times  their  number, 
making  an  unequal  contest  or  precipitate  retreat  inevitable. 

1  would  suggest,  therefore,  that  renewed  ellbrts  be  made  for 
the  acquisition  of  additional  guns,  to  the  extent  at  least  of  the 
unexpended  balance  appropriated  by  the  legislature  for  arming 
the  state,  amounting,  as  will  be  seen  by  the  accompanying 
report  of  the  auditor  marked  "  E,"  and  herewith  submitted, 
8(33.045  74,  subject  of  course  to  the  fulfillment  within  the  time 
limited  of  contracts  already  existing,  and  entered  into  by  said 
commissioners.  A  compliance  with  which,  however,  need  now 
be  scarcely  anticipated 

In  connection  with  this  communication,  I  present  the  report 
of  Adjutant  General  Burgevin,  (marked  "  A,")  reciting  as  far 
as  practicable,  the  existing  organization  of  the  militia  of  the 
state,  and  oilering  som.e  suggestions  pertinent  to  the  defence  of 
the  western  frontier,  which  1  commend  to  your  attention. 

If  I  may  venture  to  suggest  any  definite  mode  of  operations 
for  tiie  defence  of  Arkansas,  it  is  that  from  the  volunteer  forces 
now  organized  in  different  portions  of  the  state — commissioned, 
uniformed,  and  in  many  instances  equipped  and  well  drilled  in 
company  discipline — there  be  called  into  immediate  service, 
and  rendezvous  at  the  arsenal  at  this  place;  a  number  suflicient 
to  form  five  regiments,  having  proper  regard  to  the  necessary 
proportions  of  cavalry,  artillery  and  infantry.  This  force  to 
be  organized  under  existing  laws  into  battalions  and  regiments; 
and  after  complete  arganization  and  discipline  to  be  equipped 
and  marched  to  the  point  where  danger  seems  most  to  threaten. 
And  so  again,  if  circumstances  require  it,  others  be  called  to 
undergo  the  same  training  and  preparation  to  make  them 
effective  soldiers.  Without  training  and  preparation  of  this 
kind  at  some  point  previous  to  entering  the  field,  the  most  dis- 
astrous consequences  must  be  entailed  upon  our  troops  if  an 
engagement  ensues.  The  arsenal  grounds  afford  ample  room 
for  field  exercises — the  barracks,  comfortable,  roomy,  with 
equipments  and  subsistence  at  the  place  to  supply  them. 

The  militia  forces  in  many  counties  being  very  well  drilled 
and  commanded,  in  others,  very  poorly — to  be  held  in  reserve 
for  emergencies.     Our  people  are  full  of  patriotism  and  chiv-. 


THE    CONVENTION.  155 

airy,  and  if  the  needful  care  be  taken  to  prepare  them  for  ihe 
conflict,  will  give,  1  vouch-safe,  a  good  account  of  themselves. 
Thousands  of  gallant  spirits  among  us  are  clamorous  for  ser- 
vice, that  thus  far  have  not  been  accepted". 

In  anticipation  of  the  fact,  however,  that  Arkansas  must  as 
the  best  and  only  hope  of  permanent  protection,  unite  her  for- 
tunes with  other  seceded  states  ere  long,  and  thus  be  relieved 
in  a  great  measure  of  the  expense  incident  to  a  war  with  the 
federal  powers,  I  look  confidently  to  the  resources  of  the 
state  in  men  and  money,  as  sufficient  to  defend  her  soil  from 
successful  invasion.  Blessed  by  providence  with  a  genial  soil 
and  climate,  and  the  promise  of  an  abundant  harvest,  she  can 
and  will  succeed  in  her  struggle  for  independence. 

"  And  thoiijrh  few  .ire  their  liglus  in  tl-.e  gloom  of  the  hour, 
Yet  the  hearts  that  are  striking  below, 
II,i\  e  God  lor  tlieir  bulwark,  and  truth  for  their  power; 
And  they  stop  not  to  number  the  foe." 

I  submit  also  for  your  information,  reports  prepared  by  the 
commissary,  General  JM.  L.  Bell,  marked  •'  B  and  C,"'  showing 
in  detail  the  am  )unt  of  public  property  belonging  to  the  state 
pertaining  to  the  war  department,  designating  that  at  Fort 
Smith,  the  arsenal,  and  Hopefield,  which  has  been  captured 
from  the  United  States,  giving  an  approximate  estimate  of  its 
value. 

As  legitimate  and  proper  under  existing  circumstances,  I 
recommend  that  an  agent  be  di.-^patched  to  each  and  every 
United  States  land  oflice,  with  instructions  to  seize  all  moneys 
that  may  be  on  hand,  and  that  the  same  be  appropriprated  to 
public  use.  And  further,  that  the  swamp  land,  internal  improve- 
ment, seminary  and  all  other  speciiic  lunds  be  retained  in  the 
treasury  for  defensive  purposes. 

That  the  collection  of  debts  by  execution,  foreign  and  domes- 
tic, be  suspended  until  peace  shall  have  been  restori^d,  or  until 
such  time  in  I'uture  as  the  ability  of  the  people  will  warrant 
their  collection. 

I  present  herewith  also  statements  D,  E  and  F,  'prepared  by 
the  auditor.  The  first  shows  the  amount  disbursed  and  lor 
what  purpose  out  of  the  contingent  fund.  "Iv'  shows  the  bal- 
ance unexpended  of  appropriation  made  for  arming  the  state. 
"  F"  shows  the  amount  of  specie  in  the  state  treasury  on  the 
4th  May,  and  the  aggregate  of  internal  improvement,  saline 
and  swamp  land  fund  now  on  hand,  exclusive  of  $122,000  yet 
to  be  paid  in  by  the  sherifls  of  the  state  revenue.  It  is  proper 
to  remark  that  there  are  subsisting  contracts  made  by  my  pre- 
decessor for  levee  and  diteh  work  still  unfinished,  situated 
mostly  in  the  .lacksonport  swamp  land  district,  which  will,  of 
necessity,  have  to  be  provided  for  in  land  or  money  of  said 
district,  there  being  no  cash  on  hand  pertaining  thereto  at  this 


156  JOURNAL    OF 


time.  A  small  amount  ought  to  be  retained  of  this  fund  for 
the  payment  of  contingent  expenses  accruing  heretofore,  and 
others  unimportant  in  amount  that  will  obviously  occur  here- 
after. 

Our  present  nnd  future  relations  with  the  two  sections  of  the 
original  Union  having  been  determined  upon,  it  will  become  at 
once  important  that  we  should  pay  due  regard  to  our  red 
neighbors  of  the  west.  By  securing  their  sympathy  and  co-ope- 
ration, we  will  acquire  valuable  allies  and  be  able  to  recipro- 
cate favors  by  aiiording  them  protection  against  the  abolition 
crusade,  that  is  held  in  store  for  them  by  the  northern  govern- 
ment. The  country  occupied  by  the  Indians  immediately  west 
of  Arkansas,  is  regarded  with  intense  solicitude  by  the  govern- 
ment at  Washington  and  that  of  the  Confederate  States.  Fer- 
tile, salubrious  and  most  inviting  in  character  and  topography, 
i:i  its  geographical  position  indispensably  requisite  to  the  south- 
ern government,  it  ought  not  and  cannot  be  abandoned  to  the 
j\orth  it  it  is  in  the  power  of  the  South  to  retain  it.  And  I 
regard  it  now  as  being  in  the  most  precai-ious  condition; 
dt-manding  from  Arkansas,  as  matter  of  security  to  herself, 
immediate  and  prompt  action. 

I  earnestly  recommend,  therefore,  the  appointment  of  com- 
missioners familiar  with  Indian  character,  and  such  as  will 
command  the  respect  and  confidence  of  that  people,  delegated 
with  authority  to  enter  into  preliminary  arrangements  prepara- 
tory to  definite  treaty  stipulations  hereafter  to  be  ratified  and 
solemnized  with  the  Confederate  States. 

1  I  regard  this  as  of  pressing  importance,  because  of  the  utter 
incapacity  on  the  part  of  the  Indians  to  resist  alone  the  occu- 
pation of  their  country  by  federal  troops  or  federal  agents. 

.\s  the  only  means  of  attaining  definite  information  as  to 
the  feelings  and  purposes  of  these  people  touching  the  south- 
ern movement,  1  sent  in  January  last,  Maj.  J.  J.  Gaines  to  con- 
fer in  person  with  the  chief  men  of  the  Cherokees,  Creeks  and 
Choctaws.  The  result  of  which  w^as,  that  the  two  latter  nations 
were  found  to  be  the  fast  and  enduring  friends  of  the  South; 
though  by  no  means,  in  the  unsettled  condition  of  their  mone- 
tary affairs,  and  the  lack  of  means  and  preparation  of  defence 
courting  dilHculty  with  the  federal  government— yet  declaring 
their  sympathies  and  attachments  fer  the  South  and  southern 
institutions,  with  the  announcement  that  when  it  become  neces- 
sary to  make  a  choice,  that  they  would  share  a  common  destiny 
with  the  people  of  Arkansas,  their  natural  friends  and  allies. 
The  Cherokees,  however,  then,  and  still  do  occupy  a  more 
dubious  attitude;  and  encouragement  and  assurances  of  the 
most  explicit  character  will  be  required  by  them  from  the  South 
to  secure  their  support.  With  their  assent,  these  nations  ought 
to  be  ad;nitted  as  states  in  the  southern  government. 


THE    CONVENTION.  157 

Complexity  of  business  and  prepsing  current,  events  demand- 
ing innmediate  attention  from  me,  has  left  much  less  time  and 
opportunity  for  the  preparation  of  this  communication  than 
the  importance  of  the  subjects  referred  to  merit.  It  is  submit- 
ted nevertheless,  respectfully",  as  a  summary  of  information, 
which  may,  in  some  degree,  lessen  the  labors  of  the  c(Miven- 
tion  in  arriving  at  conclusions  touching  the  interests  and  wel- 
fare of  the  government. 

riEiXRY  M.  RECTOR. 


158 


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THE    CONVENTION. 


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.       EXHIBIT  "  D  "—Concluded. 

Balance  of  appropriation  for  contigent  fund,  l3t  October,  18C0 $     3,27S  5(1 

Amount  of  appropriation  6th  December,  1860 , 4,000  00 

21st  January,  1861 ..•..,: ; -. ', .        30,000  00 

$27,278  50 
Amount  drawn  up  to  4th  May,  1861 36,356  00 

Balance  undrawn  6th  May,  1861 $922  M 

W.  R.  MILLER,  AvdilDr. 


THE    COXVEXTION. 


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THE    COXVEXTIOX.  167 

Which  were  received  and  laid  upon  the  table  for  the  further 
action  of  the  convention. 

Mr.  President  also  presented  the  memorial  of  James  S.  Smith, 
a  citizen  of  Jackson  county,  in  this  state,  asking  that  the  State 
of  Arkansas  enter  into  a  contract  with  said  memorialist  for  a 
definite  quantity  of  gun  powder,  etc. 

Which  was  read  and  referred  to  tlie  committee  on  state 
affairs. 

Mr.  Patterson  of  Jackson,  offered  the  following 

RESOLUTION: 

Rrsofvcd,  That  the  committee  on  state  affairs  be  instructed  to 
report  an  ordinance  whereby  an  agent  may  be  created  to  act 
in  behalf  of  the  state,  and  who  shall  be  fully  empowered  to 
negotiate  a  contract  with  James  S.  Smith,  within  the  scope  and 
meaning  of  the  several  propositions  included  in  his  memorial, 
presented  by  him  to  this  convention,  touching  the  manufacture 
of  powder. 

Mr.  Garland  of  Pulaski,  moved  to  amend  the  resolution  by 
stt'iking  out  the  words  '•  instructed  to  report,"  and  inserting  in 
lieu  thereof,  the  words  "  directed  to  enquire  into  the  propriety 
of  reporting;"  which  was  accepted,  and  the  resolution  as 
amended,  was  adopted. 

Mr.  Floyd  offered  the  following 

RESOLUTION: 

Resolved,  That  no  money  or  property  of  any  kind  whatever, 
now  in  the  hands  of  the  Superintendaiit  of  Indian  affairs,  or  of 
any  Indian  agent,  being  placed  there  or  designed  for  the  Indi- 
ans on  the  western  fi-ontier  of  Arkansas,  shall  be  seized.  But 
that  the  same  shall  so  remain  to  be  applied  to  and  for  the  use 
of  the  several  Indian  nations,  faithfully,  as  was  designed  when 
so  placed  in  their  hands  for  disbursement. 

And  the  people  of  the  State  of  Arkansas,  here  in  sovereign 
convention  assembled,  do  hereby  pledge)  the  sovereignty  of  the 
State  of  Arkansas,  that  every  thing  in  their  power  shall  be 
done  to  compel  a  faithful  application  of  all  money  and  property 
now  in  the  hands  of  persons  or  agents  designed  and  intended 
for  the  several  Indian  tribes  west  of  Arkansas. 

Which  was  adopted,  and  on  motion  of  Mr.  Floyd,  certified 
copies  of  the  resolution  were  ordered  to  be  sent  to  such  super- 
intendent and  agents. 


168  JOURNAL    OF 


Mr.  Stilhvell  olTei-ed  the  following 

RESOLUTION: 

Resolved,  That  all  proceedings  in  civil  eases  in  the  circuit 
courts,  or  before  justices  of  the  peace,  within  this  state,  and  all 
final  process  issued  therefrom,  are  hereby  suspended;  Provided 
that  this  resolution  shall  not  be  in  force  in  any  county  until  the 
judge  of  the  circuit  court  thereof,  (to  whom  the  secretary  shall 
forthwith  transmit  copies  hereof,)  shall  be  advised  of  the  adop- 
tion thereof. 

But,  after  some  discussion  Mr.  Stiilwell  withdrew^  his  resolu 
tion. 

On  motion  of  Mr.  Carrigan  the  convention  took  a  recess  for 
one  hour,  at  the  expiration  of  which  time  the  convention  met 
and  was  called  to  order  by  the  President. 

Roll  called. 

present: 

Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Baber,  Batson, 
Bolinger,  Bradley,  Bush,  Campbell,  Carrigan,  Clingman,  Cren- 
shaw, Cryer,  Cypert,  Cochran,  Desha,  Dinsmore,  Dodson, 
Dollarhide,  Echols,  Fishback,  Flanagin,  Floyd,  Fort,  Fuller,  Garj 
land  of  Hempstead,  Garland  of  Pulaski,  Gould,  Griffith,  Gunter, 
Hanly,  Hawkins  of  Ashley,  Haw^kins  of  Sevier,  Hobbs,  Kelley, 
Kennard,  Laughinghouse,  Mansfield,  Mayo,  Murphy,  Parks, 
Patterson  of  Jackson,  Patterson  of  Van  Buren,  Ray,  Rhodes, 
Robinson,  Shelton,  Slemons,  Smith,  Spivey,  Stallings,  Stiilwell, 
Stout,  Tatum,  Thomason,  Totten  of  Prairie,  Walker,  Wallace, 
Watkins,  Yell  and  Mr.  President — 60. 

On  leave,  Mr.  Yell  offered  the  following 

RESOLUTION: 

Be  it  resolved  by  the  people  of  Arkansas  in  convention  assembled, 
That  the  officers  and  private  soldiers  of  the  several  volunteer 
companies  now^  at  or  near  Hopefield.in  the  service  of  the  state, 
shall  be,  and  they  are  hereby  authorized  to  form  themselves 
into  a  regiment,  and  to  elect  therefor,  one  colonel,  one  lieuten- 
ant-colonel, and  one  major,  which  election  shall  be  held  by 
such  persons  as  the  captains  of  companies  shall  select,  and 
shall  be  certified  to  the  governor,  who  shall  immediately  issue 
commissions  to  the  officers  elected,  as  well  as  to  the  various 
officers  of  the  line  of  such  regiment. 


THE    CONVENTION.  1G9 


And  the  colonel  of  such  regiment  shall  appoint  his  own  stafT- 
officers,  including  one  surgeon  and  an  assi.stant  surgeon. 

Mr.  Gould  moved  to  amend  by  inseiting  after  the  words 
"  form  themselves  into  a  regiment,"  the  words  "  to  be  called  the 
second  regiment  of  Arkansas  volunteers." 

Which  was  accepted,  and  the  resolution  as  amended  was 
adopted. 

JMr.  Presid«MU  laid  before  the  convention  the  following  com- 
munication, from  his  excellency,  the  governor: 

Hon.  David   Walker, 

President  of  the  Convention: 

Sir — The  enclosed  telegram  just  received,  I  desire  instruc- 
tions froiA  the  convention. 

Respectfully, 

H.  M.  RECTOR. 

[By  telegraph  from 

Pine  Bluff,  May  9th,  18G1. 

To  Gov.  H.  M.  Rector: 

Have  stopped  steamer  Arago,  nothing  contraband  on  board 
but  she  is  owned  two-thirds  in  Pennsylvania  and  one-third  in 
Missouri.     Shall  I  detain  her  or  let  her  pass  up. 

THOS.  S.  JAMES, 

Brig.   General. 

Which  was  read  and 

IMr.  Hanly  oflered  the  following 

RESOLUTION: 

Resolved,  That  the  governor  be  requested  to  instruct  the 
brigadier  general  holding  the  steamer  Arago,  detained  at  I'ine 
Blud",  to  release  said  steamer  without  further  delay — and  that 
the  President  of  this  convention  la}'  a  copy  of  this  resolution 
before  his  excellency. 

Which  was  adopted,  and  a  copy  of  the  resolution  transmit- 
ted to  the  governor. 

Mr.  President  also,  at  the  same  time,  laid  before  the  conven- 
tion the  following  communication: 


170  JOURNAL    OF 


Executive  Office,  Little  Rock,         } 
May  9th,  1861.  \ 

Hon.  David  Walker, 

President  of  the,  State  Convention: 

Sir — I  have  recently  received  petitions  numerously  signed  by 
citizens  of  the  Jacksonport  land  district,  stating  that  quite  a 
number  of  good  citizens  have  settled  upon  and  improved  tracts 
of  swamp  lan-f!  recently  confirmed,  having  by  said  settlement 
pre-emption  rights  thereto,  and  that  in  consequence  of  the 
universal  scarcity  of  money,  coupled  with  the  fact  that  many 
men  already,  and  more  would,  in  all  probability  be  called  away 
from  home  in  defence  of  their  country,  .they  would  be  unable 
to  pay  out  their  land  if  offered  for  sale  at  this  time,  and  thus 
lose  their  labor,  and  leave  their  families  without  a  home  and  in 
a  state  of  destitution — praying  that  by  executive  a\ithority,  I 
direct  such  sales  from  being  had — having  no  authority  to  do 
this  under  the  law,  I  replied  accordingl}^  but  consented  to  lay 
the  facts  before  your  honorable  body,  for  such  action,  if  an}',  a-s 
it  saw  proper  to  take,  which  is  accordingly  done. 

There  is  another  matter  which  I  deem  it  proper  to  mention. 
The  transportation  of  troops  called  into  action  by  the  state, 
being  chiefly  for  the  north-eastern  or  western,  and  north-wes- 
tern borders  is  by  water  carriage,  and  constitutes  a  large  pro- 
portion of  the  expense  incident  to  army  operations;  ninety  per 
cent  of  this  money  can  be  saved  by  using  some  of  the  steam 
craft  plying  on  the  Arkansas  river,  and  owned  chiefly,  and  in 
some  instances  entirely  by  citizens  of  the  northern  states. 

Such  ownership  being  clearly  established,  I  suggest  the  pro- 
priety of  confiscating  one  or  more  of  low  water  adaptation,  for 
the  public  use,  including  any  sold  by  citizens  of  said  northern 
states  to  citizens  of  Arkansas,  within  the  last  fifteen  days;  Pro- 
vided hojctver,  Nothing  has  been  paid  thereon,  or  in  case  a  mere 
nominal  amount  has  been  paid  by  one  of  our  citizens,  he  being 
reimbursed  in  that  sum. 

A  number  of  boats  suited  to  the  purpose  spoken  of,  have 
recently  left  this  trade,  and  there  are  others  which  will  do  so 
shortly,  unless  prevented. 

HENRY  M.  RECTOPw, 

Which  was  read,  and  on  motion  of  Mr.  Garland  of  Hemp- 
stead, was  referred  to  the  committee  on  state  affairs,  with  in- 
structions to  report  on  the  propositions  referred  to  in  said  com- 
munication. 

Mr.  Mayo  introduced  the  following 


THE  CONVENTION.  171 

ORDINANCE  No.  14. 

Bn  it  ordained  hij  the  people  of  the  Slate  of^  Ar/cansas  in  con- 
vcntioti  assembled,  That  the  governor  of  the  State  of  Arkansas 
be,  and  he  is,  hereby  authorized  to  issue  commissions  to  the 
officer:?  of  the  "  Hampton  Rangers,"  a  volunteer  company  in 
the  county  of  Monroe,  without  regard  to  any  state  law  of  the 
State  of  Arkansas  concerning  elections,  upon  his  being  informed 
as  to  the  names  and  grade  of  the  officers;  and  that  after  they 
are  commissioned,  they  are  to  remain  subject  to  the  militia  law 
of  the  State  of  Arkansas,  as  other  volunteer  companies  are 
now. 

Which,  after  some  discust^ion,  was  withdrawn. 

The  hour  having  arrived  for  the  special  order  of  the  day, 
Mr.  President  announced  that  it  would  be  taken  up. 

On  motion  of  Mr.  Garland  of  Pulaski,  the  special  order  was 
postponed,  and  made  the  special  order  for  to-morrow,  immedi- 
ately after  the  reading  of  the  journal. 

Mr.  Adams,  from  the  committee  on  state  aff'airs,  made  the 
following 

REPORT:        *     . 

To  the  President  and  Members  of  the   Convention — 

The  committee  on  state  affairs,  to  whom  was  referred 
the  ordinance  offered  by  Hon.  JMr.  Totten  of  Prairie,  in  regard 
to  foreign  indebtedness  in  the  State  of  Arkansas,  and  in  regard 
to  other  objects,  have  instructed  me  to  report  the  following 
ordinance  as  a  substitute  therefor,  and  recommend  the  passage 
of  the  same. 

Respectfully, 

CHAS.  W.  ADAMS, 

one  of  the  commil'ce. 

ORDINANCE  No.  15. 

To  prevent  giving  aid  and  comfort  to  the  enemy. 

Where.as,  War  exists  between  the  United  States  of  America 
and  the  Confederate  States  of  America,  by  the  act  of  the 
former;  and  whereas,  the  State  of  Arkansas,  by  dissolving  the 
nnion  between  herself  and  those  states  which  continue  to  be 
the  United  States  of  America,  and  by  ofTering  to  contract  an 
alliance  with  and  in  due  time  to  become  one  of  the  said  Con- 
federate States,  has  become  a  party  to  the  said  war:  Now, 
therefore, 


172  JOURNAL    OF 


The  people  of  the  State  of  Arkansas,  in  general  convention 
assembled,  do  ordain: 

1st.  That  every  citizen  of  any  one  of  the  said  United  States 
of  America  is,  and  shall  henceforward  be  taken  and  regarded 
as  an  alien  enemy  of  the  people  of  the  State  of  Arkansas,  so 
long  as  the  state  whereof  he  is  a  citizen  sh«ll  continue  to  be 
ojie  of  the  United  States,  or  at  war  with  the  said  Confederate 
States;  and  all  the  consequences  and  incidents  of  such  status 
of  alien  enemy  shall,  during  the  whole  of  such  time,  attach  to 
him  or  her:  and  the  same  law  and  rule  shall  apply  to  all  resi- 
dents of  the  District  of  Columbia  and  of  any  territory  of  the 
United  States,  so  long  as  such  district  or  territory  shall  continue 
to  be  held  and  occupied  by  the  said  United  States,  until  said 
state  of  war  shall  cease. 

2d.  That  all  personal  property',  of  all  such  alien  enemies, 
within  ih\s  state,  is  hereby  declared  forfeited  to  the  state,  and 
confiscate;  including  all  goods,  wares  and  merchandize  in  the 
hands  of  any  person  in  this  state,  belonging  to  any  such  alien 
enemy,  and  for  sale  on  commission:  and  this  convention  will 
appoint,  or  authorize  the  appointment  of,  the  proper  number 
of'  commissioners,  in  the  different  portions  of  the  state,  to  take 
possession  of  and  keep  and  make  sales  of  all  such  property 
hereby  confiscated. 

3d.  A  board  of  .e.scheats  and  confiscations  is  hereby  created, 
to  sit  permanently  at  Little  Rock,  and  to  be  composed  of  three 
proper  persons,  appointed  by  the  convention,  which  shall  have 
control  over  all  the  commissioners  aforesaid,  direct  sales  of 
property,  and  prescribe  the  rules  to  govern  such  sales,  and 
receive  and  account  for  the  proceeds  of  sales. 

4th.  The  said  board  shall  appoint  the  commission  at  Little 
Rock,  for  the  county  of  Pulaski,  to  consist  of  two  persons;  and 
these,  being  commissioned  by  the  board,  shall  forthwith  enter 
on  the  discharge  of  their  duties;  and  it  shall  altio,  after  the 
adjournment  of  this  convention,  appoint  commissioners  for  any 
counties  in  which  they  may  be  needed,  and  for  which  the  con- 
vention shall  not  have  provided  commissioners. 

5th.  Each  commission  shall  proceed,  as  speedily  as  possible, 
within  its  own  county  and  any  other  county  in  the  same  judi- 
cial district  for  which  no  commissioner  may  have  been  ap- 
pointed, to  search  and  inquire  for  and  take  possession  of  all 
such  property  as  aforesaid,  and  to  make  out  complete  invoices 
or  schedules  thereof,  and  to  appraise  the  same  at  its  selling 
value  in  cash,  to  return  these  to  the  board  of  escheats  and  con- 
fiscations, and  safely  to  keep  and  preserve  the  property  so 
seized,  until  and  subject  to  the  order  of  such  board. 

6th.  The  board  shall  cause  to  be  turned  over,  to  the  proper 
military  officers,  all  of  such  property  as  may  be   available  for 


THE    CONVENTION.  173 

military  purposes,  and  all  other  of  such  property  shall  direct 
and  cause  to  be  sold  by  such  commi^^sioners. 

7th.  Each  such  commission,  or  either  member  of  each,  shall 
have  power  to  administer  oaths,  and  to  examine  upon  oath 
persons  in  possession  of  any  property  supposed  to  be  held  on 
comn^ission  or  in  trust  for  alien  enemies,  and  any  other  person?, 
in  regard  to  the  ownership  of  such  property;  and  their  warrant 
to  any  sherilf  or  constable  directing  him  to  seize  any  such  pro- 
perty, shall  authorize  and  require  him  to  do  so,  and  shall  em- 
power him,  if  necessary,  to  call  on  the  force  of  the  county  or 
on  the  military  for  assistance.  Anrl  any  person  swearing 
falsely,  and  doing  so  wilfully  and  intentionally,  in  his  testimony 
or  responses  so  given  on  oath  before  any  such  commission  or 
commissioner,  shall  be  deemed  guilty  of  wilful  and  corrupt 
perjury. 

8th.  From  the  decision  of  any  commission,  in  regard  to  the 
title  of  any  such  property,  the  party  in  possession,  or  any 
claimant  of  the  property,  may  appeal  to  the  board  of  escheats 
and  confiscations,  which  shall  re-hear  the  case,  upon  the  testi- 
mony taken  in  writing  before  the  commission,  and  upon  any 
new  testimony  offered;  and  its  decision  shall  be  final,  savin>^ 
the  constitutional  right  of  revision  and  direction  by  the  supreme 
court.  It  shall  have  power  to  prescribe  all  needful  rules  and 
regulations  in  regard  to  such  appeals,  regulating  the  manner 
of  taking,  and  the  conditions  of  granting  the  same,  requir- 
ing security  in  cases  where  it  may  be  necessary,  and  providing 
for  the  safe  keeping  of  the  property,  or  the  sale  of  perishable 
property  during  the  appeal. 

9th.  The  attorney  of  the  state  for  the  judicial  district  of  each 
commission  shall  appear  for  and  represent  the  state  in  all  cases 
of  contested  ownership  before  such  commissions,  and  give  his 
opinion  and  advice  to  each  such  commission,  in  these  and  all 
other  cases,  when  requested,  without  lee.  And  the  attorney 
general  shall  represent  the  state  in  all  such  cases  on  appeal, 
before  the  board  of  escheats  and  confiscations.  And  the  stale 
may,  by  the  attorney  of  the  state,  appeal  from  any  final  deci- 
sion of  any  commission,  to  such  board;  the  decision  whereof 
against  it  shall  also  be  final,  with  the  saving  aforesaid. 

10th.  The  commissions  and  board  aforesaid  are  hereby  de- 
clared to  be  of  the  same  dignity  as  prize  courts  and  courts  of 
admiralty;  and  their  proceedings,  if  impeached,  shall  receive 
the  same  favorable  conttruction;  and  shall  be  deemed  to  be 
proceedings  in  rem,  whereof  all  the  world  has  notice;  and  their 
decisions  and  judgments  to  be  binding  on  all  the  world,  and 
sales  under  their  orders  to  give  complete  title  to  the  purchaser, 

11th.  All  moneys  arising  from  such  sales  are  hereby  devoted 
to  the  military  service,  and  shall  be  paid  by  the  board  into  the 
militarv  chest,  for  that  service. 


174  JOURNAL    OF 


12th.  Any  citizen  of  this  state,  or  person  resident  herein,who 
shall,  after  the  passage  of  this  ordinance,  pay  or  remit  to  any 
alien  enemy,  in  discharge  of  a  debt  or  otherwise,  any  moneys 
or  otht^r  thing  of  value  whatever,  or  shall  place  the  same  in 
the  hands  of  another,  to  be  so  paid  or  remitted,  and  any  attor- 
ney at  law  or  other  person  who  shall  collect,  or  receive  of  any 
person  in  this  state,  any  moneys  or  other  thing  of  value,  for 
any  alien  enemy,  or  an  account  of  a  debt  due  any  alien  enemy, 
or  ehall  take  and  receive  in  trust,  by  or  without  conveyance, 
any  property  or  moneys  whatever  for  any  alien  enemy,  and 
shall  pay  or  deliver  the  same  to  such  alien  enemy,  shall  be 
deemed  guilty  of  a  high  misdemeanor,  and  of  giving  aid  and 
comfort  to  the  enemy;  and  being  convicted  thereof  upon  indict- 
ment in  the  proper  court,  shall  be  imprisoned  in  the  jail  and 
penitentiary  house  of  the  state,  not  less  than  one  nor  more 
than  five  years,  and  pay  to  the  state,  for  the  use  of  the  military 
chest,  a  fine  equal  to  the  amount  so  received  for  or  paid  over 
to  the  enemy.  And  these  provisions  shall  apply  to  all  attorneys 
at  law  who  permit  such  moneys  to  be  collected  by  or  upon 
execution  issued  or  judgment  obtained  in  the  name  of,  or  for 
the  use  of  any  alien  enemy;  Provided,  That  this  section  of  this 
ordinance  shall  not  take  effect  until  after  the  lapse  of  twenty 
days  from  the  passage  of  this  ordinance,  except  where  the 
party  so  acting  shall  have  actual  notice  hereof  at  an  an  earlier 
jieriod. 

13th.  Every  suit  now  pending  in  this  state,  in  any  form  of 
action,  for  the  recovery  of  mone3-s,  the  plaintiff  or  either  of 
the  plaintiffs  in  which,  or  the  persons  for  whose  use  the  suit  is 
hi  ought,  either  actually  or  upon  the  record,  is  an  alien  enemy, 
shall  be  suspended  and  stand  continued,  until  the  disability  of 
such  plaintiff  or  person  is  removed;  and  every  execution  issued 
on  any  judgment  obtained  by  or  for  the  use  of  any  such  per- 
son or  persons,  shall  be  and  is  hereby  ordered  to  be  returned. 
Such  suit  shall  be  ordered  to  stand  continued  upon  motion  and 
proof  of  the  disability  of  the  plaintiff  or  beneficiary  in  each 
and  every  such  suit  summarily  heard;  and  such  execution  may 
be  returned,  on  motion  made  in  vacation  before  the  judge  of 
the  court,  who  shall  hear  such  proof  at  chambers,  and  summa- 
rily dispose  of  such  motion.  The  attorneys  or  counsel  of  the 
plaintiffs  may  be  summoned  and  required  to  testify  fully,  upon 
such  motions,  without  regard  to  any  privilege  whatever;  and 
there  shall  be  no  formal  pleadings,  issue  or  trial;  Provided,  That 
the  lien  or  liens  now  existing  by  viriue  of  any  such  judgment, 
or  levy  of  execution  or  executions  shall  not  by  means  hereof 
la  any  wise  be  impaired;  and  the  time  for  which  collections  or 
payments  shall  be  by  means  hereof  suspended,  shall  not  be 
taken  or  considered  part  of  the  time  under  any  statute  of  limi- 
tations of  this  state  state. 


THE   CONVENTION.  175 

11th.  It  is  hereby  made  the  duty  of  every  such  attorney  at 
law,  forthwith  to  cause  every  euch  execution  to  be  returned, 
and  to  continue  or  dismiss  every  such  suit. 

15th.  That  all  sales  or  contracts  for  sales  of  any  landsholden 
in  this  state  by  any  citizen  or  citizens,  corporation  or  company, 
resident  or  being  in,  or  citizen  of,  any  one  or  more  of  said 
United  States,  or  the  terr'tories  thereof,  and  any  anc  all  bond 
or  bonds,  or  other  assurances,  or  agreements,  or  contracts,  for 
title  to  any  such  lands,  made,  executed  or  agreed  to  subsequent 
to  the  6th  day  of  ]May,  A.  D.  ISGl,  and  during  the  disability 
aforesaid,  are  hereby  declared  to  be  utterly  and  absolutely  void, 
and  of  no  effect,  and  all  of  the  courts  of  this  state  shall  so  hold 
and  consider  the  same. 

IGth.  That  this  ordinance  shall  not  have  effect  as  to  the  pro- 
perty of  citizens  of  the  states  of  Delaware,  iMaryland,  Ken- 
tucky, North  Carolina  or  iMissouri. 

17th.  That  all  the  unappropriated  public  domain  within  the 
State  of  Arkansas,  is,  of  right,  the  property  of  said  state;  and 
that  the  title,  control  and  jurisdiction  of  and  over  the  same, 
are  heieby  vested  in  and  assumed  by  the  state,  subject  only  to 
such  rights  as  have  been  acquired  under  the  laws  of  the  United 
States,  prior  to  the  Gth  day  of  May,  A.  D.   18G1. 

18th.  That  all  laws  and  parts  of  laws  of  the  late  govern- 
ment of  the  United  States  respecting  the  sales  and  surveys  of 
of  the  public  lands  in  this  state,  and  all  rules  and  ordinances 
concerning  the  administration  of  the  same,  which  were  in 
force  in  this  state  on  the  Gth  day  of  JMay,  A.  D.  18Gl,and  which 
are  not  inconsistent  with  the  ordinance  passed  by  this  conven- 
tion, shall  continue  to  be  in  full  force  in  this  state. 

19th.  That  until  otherwise  provided,  all  of  the  powers,  duties, 
rights  and  emoluments  which  by  the  existing  laws  of  the  late 
government  of  the  United  States  are  held,  possessed  or  enjoyed 
by  the  registers  and  receivers  of  land  ollices  i,i  this  state,  and 
M-hich  are  not  inconsistent  with  the  laws  of  this  state,  or  the 
ordinances  passed  by  this  convention,  shall  continue  to  be  held, 
possessed,  enjoyed  and  exercised  by  the  said  registers  and  re- 
ceivers, until  othervi'ise  provided  by  this  convention  or  the 
legislature  rf  this  state. 

20th.  That  the  register  and  receiver  of  the  land  offices  afore- 
said shall  be  continued  in  their  respective  oflices;  provided  they 
shall  at  once  take  the  oath  of  office  of  this  state,  and  execute 
official  bonds,  to  be  approved  of  by  the  governor,  and  those 
remaining  in  office  and  their  securities  shall  be  held  harmless 
against  all  damages  which  might  be  claimed  of  them  by  the 
United  States  by  reason  of  the  compliance  with  the  require- 
ments of  this  ordinance. 

21st.  That  in  case  one  or  more  of  such  registers  and  receivers 
shall  refuse  to  take  the  oath  of  office  referred  to  as  hertinbe- 


176  JOURNAL    OP 


fore  provided,  then  the  governor  of  the  state,  or  some  person 
by  him  appointed  thereto  authorized,  shall  iniraediately  take 
possession  of  all  the  public  moneys  in  his  or  their  hands,  and 
of  all  the  books,  papers,  maps,  records,  and  archie ves  of,  and 
belonging  to,  their  respective  offices 

22d.  That  all  moneys  now  in  their  hands,  and  there  arising 
from  the  sales  of  the  public  lands,  shall  be  paid  over  by  the 
receivers  of  the  several  land  officers  in  this  state  to  the  trea- 
surer of  the  state,  at  such  times,  and  such  form  as  the  same 
officers  pursued  in  paying  over  such  moneys  to  the  late  govern- 
ment of  the  United  States,  and  all  reports  required  to  be  ren- 
dered and  made  to  the  said  government  at  Washington  by  the 
several  officers  hereinbefore  named,  shall  be  rendered  and 
made  to  the  auditor  for  the  State  of  Arkansas;  Provided  how- 
ever, That  any  warrants  which  may  have  been  drawn  on  any 
of  said  receivers,  as  disbursing  officers  of  the  late  government 
of  the  United  States  prior  tn  the  Gth  day  of  May,  A.  D.  18Gi, 
in  favor  of  any  citizen  of  this  state,  or  of  any  state  which  has 
dissolved,  or  at  the  time  of  the  passage  of  this  ordinance,  shall 
have  dissolved  the  judicial  connection  between  such  state  and 
said  government  of  the  United  States,  or  which  shall  actually 
belong,  in  good  faith,  to  any  such  cilizen,  by  proper  transfer, 
actually  made  prior  to  said  Gth  day  of  May,  A.  D.  18G1,  may 
be  paid  out  of  the  funds  so  paid  over  by  such  receiver,  into  the 
treasury  of  this  state  as  hereinbefore  provided  for;  Provided, 
That  before  any  such  draft  or  warrant  shall  be  paid,  the  person 
claiming  as  such  citizen  to  be  the  owner  of  the  same,  shall  prei- 
sent  the  same  to  the  auditor  of  this  state,  and  establish,  by  the 
testimony  of  least  two  disinterested  witnesses,  to  be  taken  by 
and  before  said  auditor,  who  is  hereby  authorized  and  fully 
empowered  to  take  such  testimony,  and  administer  all  proper 
oaths  °or  that  purpose,  that  such  claimant  is  such  citizen,  and 
is  such  ownci'  in  good  faith  lor  value,  and  said  auditor,  upon 
being  satisfied  of  said  facts  by  such  proof,  shall,  upon  the  sur- 
render to  him  by  such  holder  of  such  warrant,  issue  his  war- 
rant upon  the  treasurer  of  this  state,  for  the  payment  of  the 
amount  of  such  warrant  so  surrendered;  And  "provided  further, 
That  said  auditor  shall  not  draw  warrants  for  payment  for  any 
greater  sum  in  the  aggregate  than  the  whole  sum  paid  over  by 
such  receivers  for  moneys  in  their  hands  prior  to  the  Gth  day  of 
May,  18G1.  And  any  person,  or  persons,  knowingly  testifying 
falsely  before  said  auditor,  touching  such  warrants,  or  any  one 
of  such  warrants,  shall  be  deemed  guilty  of  willful  and  corrupt 
perjury,  and  upon  conviction  thereof,  shall  bp  punished  in  the 
same  manner  as  is  now  prescribed  by  law. 

23d.  That  the  governor  of  this  state  shall  have  power  and 
authority  to  remove  any  of  the  land  officers  aforesaid,  when- 
ever the  public  interests  of  the  state  shall  require  such  removal, 


THE    CONVENTIOX.  177 


and  to  fill  such  vacancies  by  and  with  the  ad%'ice  and  consent 
of  the  senate,  and  in  case  any  of  eaid  officers  should  fail  or 
refu=e  to  take  the  oath  required,  the  office  shall  be  deemed 
vacant,  and  the  governor  shall  fill  such  vacancy  in  the  manner 
above  specified. 

24th.  That  any  and  all  personal  property  of  whatsoever 
description,  belonging  to  the  United  States,  heretofore  taken, 
or  which  may  hereafter  be  taken,  by  any  of  the  people  of,  or 
by  the  authority  of  this  state,  or  the  governor  of  this  state, 
shall  be  taken  charge  of,  and  be  disposed  of  by  the  said  board  of 
escheats  and  conliscations,  in  the  same  manner  as  hereinbefore 
specified  and  prescribed  as  to  personal  property  of  individuals. 
And  all  persons  having  in  their  hands,  or  control,  any  such  pro- 
perty, shall  at  once  deliver  the  same  over  to  said  board  of 
escheats  and  conliscations. 

2oth.  That  the  location  of  all  warrants  known  as  military 
bounty  land  warrants  upon  any  of  the  lands  in  this  state  is 
hereby  forbidden,  and  any  such  location  made  subsequent  to 
the  Gth  day  of  May,  A.  D.  18G1,  shall  be  utterly  void  and  of  no 
effect. 

Which  was  read  and  received;  and  on  motion  of  JMr.  Still- 
well,  100  copies  were  ordered  to  be  printed;  and 

•  On   motion  of  jMr.   Carrigan,  the   injunction  of  secresy  was 
placed  upon  the  public  printer;  and 

On  motion  of  Mr.  Oarland,  of  Pulaski,  said  ordinance  was 
made  the  special  order  for  Saturday  morning,  after  reading  of 
the  journals. 

?.lr.  Kennard  gave  notice  that  on  to-morrow  he  would  intro- 
duce the  following 

RULE: 

"  The  order  of  business  shall  not  be  suspended  for  the  intro- 
duction or  consideration  of  any  business  out  of  the  regular  order, 
except  by  a  unanimous  vote  of  the  convention." 

Which  was  placed  on  the  calendar. 

?.Ir.  Hani}',  on  leave,  introduced 

ORDINANCE  No.  ir>, 

T)  amend  the  third  article  of  the  constitution,  of  fliis  state. 

Which  was  read;  and  on  motion  of  ]Mr.  Thomason,  referred 
to  the  committee  on  the  judiciary. 

?*Ir.  President  laid  before  the  convention  the  following 


V. 


178  JOURNAL    OF 


COMMUNICATION: 

Executive  Office,  9th  Mai/,  12  31. 
Hon.  David  Walker.  President,  etc.: 

Sir — Since  my  last  communication,  I  Lave  received  the 
enclosed  dispatch;  and  in  reply,  directed  the  Arago  to  be  brought 
to  this  port,  with  cargo,  for  further  orders.  1  recommend  ker 
confiscation,  if,  upon  investigation,  she  and  cargo  is  owned  in 
the  noith,  as  represented. 

Very  respectfully. 

H.  M.  RECTOR. 

[By  telegraph  from  Pine  Bluff.] 

May  9th,  1861. 
To  Gov.  H.  M.  Rector: 

Steamboat  Arago  is  owned,  by  her  papers,  in  Pittsburg,  Penn- 
sylvania, and  has  one  hundred  ton.s  provisions  belonging  to 
owners.  Shall  we  confiscate  her  here?  Plenty  of  good  south- 
ern steamboatmen  here  to  take  her  where  you  want  her  free 
of  charge. 

Capt.  JNO.  M.  BRADLEY. 

Which  was  read;  and 

On  motion  of  Mr.  Gould,  the  secretary  of  the  convention  was 
directed  to  communicate  to  the  governor  the  recalling  of  the 
resolution  heretofore  transmitted  to  him  upon  this  subject,  and 
that  this  convention  approve  the  action  of  his  excellency  in  the 
premises. 

Mr.  Totten,  of  Prairie,  offered  the  following 

RESOLUTION: 

Resolved,  That  the  committee  on  ways  and  means  be  instruct- 
ed to  report,  at  their  earliest  convenience,  a  plan  of  finance 
comprehensive  enough  to  meet  the  exigency  of  times. 

Which  was  adopted;  and 

On  motion  of  Mr.  Cypert,  Mr.  Totten;  of  Prairie,  was  added 
to  the  committee  on  ways  and  means. 

Mr.  Griffith,  from  the  committee  on  enrollments,  made  the 
following 

REPORT: 

Mr.  President — 

The  committee  on    enrollments  have  examined  the   en- 
rollment of 


THE    CONVENTION.  179 


An  ordinance  to  authorize  the  governor  to  commission  ofil- 
cers,  and  for  other  purposes. 

A  resolution  in  reference  to  money  in  the  hands  of  the  super- 
intendent of  Indian  affairs,  and  Indian  agents. 

A  resolution  for  the  election  and  commission  of  ofiicers  for 
the  military  companies  now  at  Hopefield;  and  find  the  same 
correctly  enrolled. 

GRIFFITH,  Chairman. 

Which  was  received. 

3lr.  Grace,  from  the  committee  on  ordinances  and  resolu- 
tions made  the  following 

REPORT: 

BIr.  President — 

Your  committee  have  the  honor  to  report  the  following' 
ordinance,  and  would  respectfully  ask  its  adoption. 

GRACE,  Chairman. 

ORDINANCE   No.  17. 
To  adopt  the  Provisional  Conslilution  of  the   Confederate  States. 

Which  report  was  received,  and  the  ordinance  placed  on  the 
calendar. 

On  motion  of  jMr.  Kennard,  the  convention  adjourned  until 
to-morrow  morning  8  of  the  clock. 

DAVID  WALKER, 

President. 


Friimy,  May  lOlh,  1S61. 
Convention  met  pursuant  to  adjournment. 
Roll  called. 

r  R  K  s  K  N  T  : 

Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin,  Baber, 
Batson,  Bolinger,  Bradley,  Bush,  Campbell,  Carrigan,  Cling- 


JOURNAL    OF 


man,  Crenshaw,  Cryer,  Cypert,  Cochran,  Desha,  Dinsmore, 
Dodson,  Dollarhide,  Echols,  Fishback,  Flanagin,  Floyd,  Forr, 
Fuller,  Garland  of  llempstead,  Garland  of  Pulaski,  Gould,  Grace, 
Griffith,  Gunter,  Hanly,  Hawkins  of  Ashley,  Hawkins  of  Se- 
vier, Hill,  Hobbs,  Hobson,  Kelley,  Kennard,  Laughinghouse, 
T'ilansfield,  Murph}/",  Parks,  Patterson  of  Jackson,  Patterson  cf 
Van  Buren,  Ray,  Rhodes,  Robinson,  Shelton,  Siemens,  Smith, 
Smoote,  Spivey,  Stallihgs,  Stillwell,  Stout,  Tatum,  Thomason, 
Totten  of  Arkansas,  Tutten  of  Prairie,  Turner,  Wallace,  Wat- 
kins  and  Mr.  President — 64. 

Journal  of  yesterday  read,  approved  and  signed. 

The  special  order  of  the  day  being  Ordinance  No.  17,  was 
taken  up  and  read,  entitled 

AN  ORDIN.ANCE 

To  adopt  the  Provisional  Coiislitulion  of  the    Confederale,  States 

of  America. 

Sec.  1.  Jje  it  ordained  hi/  the  people  of  the  Stale  of  Arkansas- 
in  convention  assembled,  That  the  Constitution  of  the  Confede- 
rate vStates  of  America,  made  and  adopted  at  ?>Iontgomery,  in 
the  State  of  Alabama,  by  the  deputies  of  the  States  of  South 
Carolina,  Georgia,  Florida,  Alabama,  INIississippi  and  Louis- 
iana, and  afterwards  adopted  by  the  people  of  the  State  of 
Texas,  fur  the  provisional  government  of  the  states  adopting 
the  same,  and  all  ordinances  made,  laws  passed,  and  acts  done 
in  pursuance  thereof,  shall  be,  and  the  same  are  hereby  ratified 
and  adopted  by  the  people  of  the  State  of  Arkansas,  and  de- 
clared to  be  in  full  force  and  effect  within  this  state. 

Sec,  2.  Be  it  fmrther  ordained,  That  the  follov.'ing   named 

persons,  to-wit: ' — •, , -,  , 

and ,  shall  be,  and  they  are  hereby  constitute  d  and 

appointed  the  deputies  of  Arkansas,  to  the  Provisional  Con- 
gress of  the  Confederate  States  of  America,  with  all  the  pow- 
ers and  authority  vested  in  the  deputies  of  other  states  in  said 
congress;  Provided,  however,  That  the  powers  herein  conferred 

upon  the  said  — , , , ,  and 

,  shall  not  be  so  construed  to  authorize  them  to  cede 

to  said  Confederate  States  of  America  any  lands  within  the 
limits  of  said  State  of  Arkansas. 

Sec.  3.  Be  it  further  ordained,  That  it  shall  be  the  duty  of 
the  secretary  of  this  convention  to  furnish  said  deputies  with  a 
copy  of  the  ordinance  passed  on  the  Gth  day  of  May,  A.  D. 
1S6],  by  this  convention,  dissolving  the  political  connecfcon 


.«|p 


THE    COXVEXTIOX.  .  ISl 

between  the  State  of  Arkansas  and  the  government  of  the 
United  States  of  America,  and  aUo  a  copy  of  this  ordinance, 
which  said  copies  shall  be  signed  I)}'  the  president,  and  attested 
b\'^  the  secretary  of  this  convention. 

?)Ir.  Totten.  of  Arkansas,  oliered  the  following  amendment 

as  an  additional  section: 

Be  it  further  onlai/ud,  That  this  ordinance  take  effect  and 
be  in  force  within  the  limits  of,  and  over  the  State  of  Arkansas. 
as  soon  as  the  Congress  oi'  the  Confederate  States  of  Ameiiica 
shall  admit  this  state  into  the  confederacy  thereof,  upon  terms 
of  equalify  with  the  other  states  thereot. 

Which  amendment  was  adopted. 

The  provisional  constitution  of  the  Confederate  States  was 
then  read  for  information. 

i\Ir.  Flanagin  moved  to  amend  the  second  section  of  said 
ordinance  by  striking  out  the  words,  "  the  following  named 
persons,  to-wit,"  and  inserting  in  lieu  thereof  the  words  "  five 
delegates." 

Which  amendment  was  accepted. 

Mr.  Totten  of  Prairie,  moved  to  amend  by  adding  to  the 
second  section  the  following: 

"  Other  than  the  lands  connected  with  Fort  Smith — at  the 
city  of  Fort  Smith;  the  lands  connected  with  the  arsenal,  at  the 
city  of  Little  Rock,  and  the  lands  connected  with  the  hospital, 
at  the  city  of  Napoleon." 

I\Ir.  Patterson  offered  the  following  .as  a  substitute  for  the 
proposed  amendment: 

"  Except  such  propert}'  and  places  within  the  State  of  Arkan- 
sas, as  in  the  judgment  of  said  deputies  may  be  necessary  for 
the  erection  of  buildings  and  other  works  for  national  defense." 

After  some  discussion,  Air.  Totten  withdrew  his  proposed 
amendment. 

Mr.  Thomason  moved  to  ameu  '  by  striking  out  the  proviso 
in  the  second  section. 

Mr.  Yell  moved  to  amend  the  amendment  by  inserting  in  lieu 
of  said  proviso,  the  following: 

"  So  far  as  necessary  to  constitute  this  state  one  of  the  Con- 
federate States,  on  an  equality  with  the  other  states  of  said 
Confederacy." 


182  JOURNAL    OF 


Mr.  Gould  called  for  a  division  of  the  question,  and  Mr. 
President  stated  the  question  to  be  the  amendment  of  Mr. 
Thomason,  to  strike  out  the  proviso  in  the  second  section,  which 
amendment  was  adopted. 

Mr.  Flanagin  offered  the  following  as  a  substitute  for  the 
amendment  proposed  by  Mr.  Yell: 

"  Insert  after  the  word  '  vested,'  in  said  second  section,  the 
words  '  in  delegates  by  virtue  of  the  provisional  constitution  of 
the  Confederate  States." 

Mr.  Hanly  moved  to  lay  the  amendment  and  the  substitute 
upon  the  table — which  motion  prevailed. 

Mr.  Kennard  moved  to  amend  the  second  section  of  said 
ordinance,  by  adding  after  the  words  "  five  delegates,"  in  the 
second  section  the  words — "  to  be  elected  by  this  convention." 

Which  amendment  was  adopted. 

Mr.  Smith  also  moved  to  amend  the  first  section  by  inserting 
after  the  words  "  and  acts  done  in  pursuance  thereof,"  the 
words  "  not  locally  inapplicable,"  which  was  accepted  by  Mr. 
Grace,  the  chairman  of  the  committee  that  reported  the  ordi- 
nance. 

There  being  no  further  amendments,  Mr.  President  stated  the 
question  to  be  on  the  adoption  of  the  ordinance  as  amended. 

Upon  which  Mr.  Fishback  called  for  the  yeas  and  nays, 
which  call  was  sustained,  ordered,  and  had  with  the  following 
result:  • 

Yeas — Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin, 
P>aber,  Batson,.  Bradley,  Bush,  Bussey,  Carrigan,  Clingman, 
Cryer,  Cypert,  Cochran,  Desha,  Dodson,  Dollarhide,  Echols, 
Flanagin,  Floyd,  Fort,  Fuller,  Garland  of  Hempstead,  Gar- 
]iin(\  of  Pulaski,  Gould,  Grace,  Griffith,  Hanly,  Hawkins  of 
Ashley,  Hawkins  of  Sevier,  Hill,  Hilliard,  Hobbs,  Hobson, 
Johnson,  Kelley,  Kennard,  Lanier,  Laughinghouse,  Mansfield, 
Mayo,  Parks,  Patterson  of  Jackson,  Patterson  of  Van  Buren, 
Ray,  Rhodes,  Robinson,  Shelton,  Slemons,  Smith,  Smoote, 
Spivcy,  Stallings,  Stilhvell,  Stout,  Tatum,  Thomason,  Totten 
of  Arkansas,  Totten  of  Prairie,  Walker,  Wallace  W^atkins,  and 
Yell— G3. 


THE    CONVENTION.  183 

Nays — Messrs.  Bolinger  Campbell,  Dinsmore,  Gunter,  Fis!i- 
back,   Marphy,  Turner  and  Mr.  President — 8. 

3Ir.  Dinsmore  asked  and  obtained  leave  to  spread  upon  the 

journals  the  following  explanation  of  his  vote. 

"  Whilst  I  and  my  constituents  are  perfectly  willing  to  enter 
into  an  alliance  with  the  Confederate  States,  for  purposes  of 
mutual  protection  and  defence  of  southern  rights,  j'et,  in  defence 
o.i  what  I  conceive  to  be  the  rig/U  of  Ike  ])COplc  to  have  a  voice 
ia  the  adoption  of  aiuj  conslitutlon,  1  therefore  vote  in  the 
negative. 

Mr.  President  also  stated  that  he  voted  under  what  he  under- 
stood to  be  instructions  from  his  constituents. 
So  the  ordinance  as  amended,  was  adopted. 
Mr,  Kelly  gave  the  following  notice: 

I  give  notice  that  I  will  on  to-morrow,  or  soon  thereafter  in- 
troduce a  resolution  or  ordinance  providing  for  the  holding  of 
an  election  allowing  the  people  to  vote  upon  the  adoption  of 
the  permanent  constitution  of  the  Southern  Confederacy. 

Mr.  Laughinghouse  introduced  the  following 

RESOLUTION: 

Resolved,  That  the  president  of  this  convention,  do  at  once 
appoint  a  committee  of  three  delegates,  members  of  this  con- 
vention, to  enquire  of  and  report  to  this  body  the  name  of  some 
vsaitable  and  discreet  person  to  be  sent  by  order  of  this  conven- 
tion into  the  Indian  country  on  our  western  border,  to  confer 
with  such  Indians,  and  counteractany  influences  which  may  be 
used  with  or  amongst  such  Indians,  prejudicial  to  the  interest  of 
tiie  people  of  this  state. 

Which  was  adopted,  and  Mr.  President  appointed  Messrs, 
Griflith,  Murphy  and  Laughinghouse,  such  committee. 
Mr.  Totten,  of  Arkansas,  offered  the  following 

RESOLUTION: 

Resolved,  That  this  convention  do  now  proceed  to  the  elec- 
tion of  five  delegates,  to  represent  the  State  of  Arkansas  in  the 
Congress  of  the  Confederate  States  of  America,  and  that  said 
delegates,  when  elected,  be  commissioned  by  the  president  of 
convention. 

Mr.  Fuller  moved  to  amend  by  adding,  "  and  that  such  vote 
be  taken  by  ballot,"  * 


184  JOURNAL    OF 


Mr.  Patterson  of  Jackson,  moved  to  lay  the  amendment  ou 
the  table,  whereupon,  TJr.  Fuller  withdrew  it. 

Mr.  Fishback  renewed  the  motion  to  amend  by  taking  the 
vote  by  ballot. 

Mr.  Hill  moved  to  lay  the*  amendment  on  the  table,  which 
motion  prevailed  on  division. 

Mr.  Turner  moved  that  each  delegate  be  elected  by  separate 
ballot. 

Which  motion  did  not  prevail,  and  on  motion  of  Mr.  Gould, 
the  ballot  was  ordered  to  be  taken  for  the  five  delegates  together. 

Mr.  Garland  of  Hempstead  moved  that  a  comm.ittee  of  two 
be  appointed  by  the  president  to  act  as  tellers,  which  prevailed, 
and  Mr.  President  appointed  Messrs.  Garland  of  Hempstead 
and  Hanly,  such  committee. 

Mr.  President  then  announced  that  nominations  would  be  in 
order;  whereupon, 

Mr.  Hill  nominated  Hon.  Robert  W.  Johnson,  of  JefTerson 
county. 

Mr.  l"^insmore  nominated  Hon.  A.  H.  Garland,  of  Pulaski 
county. 

Mr.  Stillwell  nominated  Hon.  W.  W.  Watkins,  of  Carroll 
county. 

Mr.  Echols  nominated  Hon.  C.  W.  Adams,  of  Phillips  county. 

Mr.  Turner  nominated  Hon.  A.  Rust,  of  Pulaski  county. 

Mr.  Kennard  nominated  Hon.  H.  F.  Thomason,  of  Crawford 
county. 

Mr.  Crenshaw  nominated  Hon.  T.  C.  Hindman,  of  Phillips 
county. 

Mr.  Smoote  nominated  Hon.  E.  W.  Gantt,  of  Hempstead 
county. 

Mr.  Flanagin  nominated  Hon.  T.  B.  Hanly,  of  Phillips 
coanty, 

Mr.  Cypert  nominated  Hon.  A.  Pike,  of  Pulaski  county. 

Mr.  Hobbs  nominated  Hon.  E.  A.  Warren  of  Ouachita 
county. 

Mr.  Dollarhide  nominated  Hon.  H.  Flanagin,  of  Clark 
county. . 

Mr.  Desha  nominated  Hon.  G.  W.  Lemoyne  of  Yell  county. 


THE    COXVEXTION.  1S5 


i\h\  Kelley  nominated  Hon.  J.  N.  Smith,  of  Saline  county. 
Mr.    Gould    nominatrd    Hon.   J.    R.    Hampton,   of  Calhoun 
county. 

i-'h.  Hobson  nominated  Hon.  C.   B.  Mitchell,  of  Hempstead 
county. 

Mr.  Austin  nominated  Hon.  F.  I  Bat^^on,  of  .Johnson  county. 
Mr.  Clingman  nominated  Hon.  \V.  K.  Sebastian,  of  Phillips 
county. 

Mr.  Robinson   nominated  Hon.  W.  Iv.  Patterson  c   Jackson 
county. 

There  being  no  other  nominations  the  ballot  was  taken  and 
it  appeared  that  jMr.  Johnson  received  41  votes. 
Ivlr.  Garland  received  52 'votes. 

"     Watkins  received  23  votes. 

''     Adams  received  19  votes. 

■'     Rust  received  35  votes. 

"     Thomason  received  43  votes. 

"     Hindman  received  26  votes. 

"     Gantt  received  24  votes. 

"     Hanly  received  10  votes. 

'•     Pike  received  5  votes. 

"     Warren  received  G  votes. 

"     Flanagin  received  11  votes. 

"     Lemoyne  received  G  votes. 

"     Smith  received  10  votes. 

"     Hampton  received  2  votes. 

"     Mitchell  received  13  votes. 

"     Batson  received  8  votes. 

"     Sebastian  received  4  votes. 

"     Patterson  received  3  votes. 

"     George  C.  Watkins  received  1  vote. 

"     Ringo  received  1  vote. 

"     Jilson  P.  Johnson  received  1  vote 

"     Bradley  received  2  votes. 

"     B.  C.  Totten  received  1  vote. 

"     Yell  received  1  vote. 

"     L)esha  received  1  vote. 

"     Hobson  received  1  vote. 


ISQ  JOURNAL    OF 


Necessa-iy  to  a  choice,  36  votes. 

It  appearing  that  Messrs.  Johnson,  Garland  and  Thoma?on, 
had  received  a  majority  of  all  the  votes  cast,  Mr.  President 
announced  that  they  were  duly  elected  as  three  of  the  dele- 
gates. 

Mr.  President  stated  that  there  were  two  more  delegates  U 

elect,  and  ordered  the  ballot  to  be  again  taken,  which  was  done 
^vith  the  following  result: 

Mr.    Watkins    received  24    votes. 


(( 

Adams               " 

11 

u 

Rust 

37 

(( 

Hindman          " 

17 

u 

Gantt 

21 

(( 

Hanly 

5 

1  ( 

Pike 

1 

u 

Flanagin           " 

4 

(( 

Lemoyne           " 

2 

(( 

Mitchell 
Batson               " 

4 
4 

(( 

Patterson           " 

2 

l( 

Smith                 " 

2 

(C 

J.  H.  Patterson" 

1 

t( 

Hampton          " 

1 

ct 

Hobson              •• 

I 

'• 

Desha 

1 

It  appearing  that  Hon.  Albert  Rust  had  received  a  majority 
of  all  Uie  votes  cast,  Mr.  President  announced  that  he  was  dw.y 
elected  one  of  said  delegates. 

Mr.  President  then  stated  that  the  ballot  would  again  be 
taken  for  the  fifth  and  last  of  said  delegates. 

Whereupon,  Mr.  Austin  withdrew  the  name  of  Mr.  Batson. 
Mr.  Dollarhide  withdrew  the  name  of  Mr.  Flanagin. 
"     Flanagin  "  '•         "       "     "   Hanly. 

"     Hobson  "  "         "      "     '<  Mitchell. 

"     Clingman        "  "         "       "     «'  Sebastian. 

"     Desha  "  "         "       "     "   Lemoyne. 

'•     Gould  "  "         "      "     "  Hampton. 

''     Echols  "  "         "      "     '  ^Adams. 


THE    C0NVEXTI(3X.  ^^'^  ^4ttt 


On  the  third  ballot  Mr.  Watkins  received  36  votes. 
Mr.  Hindman  received  13  votes. 
"     Gantt  "  19     " 

"     Smith  "  1  vote. 

'*     Adams  "  1     " 

"     J.  H.  Patterson  received  1  vote. 
It  appearing  that  Mr.  Watkins  had  received  a  majority  of  all 
the  votes  cast,  Mr.  President  announced  that  he  was  duly  elec- 
ted one  of  said  five  delegates. 

On  motion  of  Mr.  Johnson,  Mr.  President  was  requested    to 
telegraph  the  adoption   of  the  ordinance,  and  the  election    of 
said  delegates,   to  his  excellency    Jeff  Davis,   Pre.ident   of  the 
Confederate  States,  which  was  accordingly  done. 
Mv.  Griffith  offered  the  following 

RESOLUTION: 

Resolved,  That  any  permanent  officer  of  this  convention, 
who  has  come  to  attend  the  called  session  thereof,  be  allowed 
Xhe  same  mileage  that  the  members  Irom  his  county  are  enti- 
tled to. 

Which  was  adopted. 

On  motion  of  Mr.  Yell,  secrecy  was  removed  as  to  the  pas- 
sage of  the  ordinance  and  the  election  of  delegates. 

On  motion  of  Mr.  Totten  of  Prairie,  the  convention  ad- 
journed until  to-moi'rou'  morning  9  o'clock. 

D.WID   WALKER, 

rrc.'iidt'Jit. 


►♦-"-^ — 


Saturday,  Mai/  ll/'i,   186L 

Convention  met  pursuant  to  adjournment. 
Roll  called. 


IgS  JOURNAL    OF 


present: 

i\lessrs.  Adams  of  Izard,  Adams  of  riuliips,  Austin,  Baber, 
Batson,  Bolinger,  Bradley,  Bush,  Campbell,  Carrigan,  Cling- 
man.  Crenshaw,  Crycr,  Cypert,  Cochian,  Desha,  Dinsmore, 
Dodsoii,  Dollarhide,  Echols,  Fishback,  Flanagin,  Floyd,  Fort, 
Fuller,  Garland  of  Hempstead,  Garland  of  Pulaski,  Gould, 
Grace,  Griffith,  Hanly,  Hawkins  of  Ashley,  Hawkins  of  Sevier, 
Hill,  Hilliard,  Hobbs,  Kennard,  Lanier,  JMansfield,  JMayo,  Mur- 
phy, Parks,  Patterson  of  Jackson,  Patterson  of  A'an  Buren, 
Ray,  Rhodes,  Robinson,  Shelton,  Slemons,  Smith,  Smoote,  Spi- 
vey,  Stallings,  Stillwell,  Stirman,  Stout,  Totten  (>f  Arkansas, 
Totten  of  Prairie,  Turner,  Walker,  Wallace,  Watkins  Yell  and 
Mr.  President — G5. 

Mr.  Flanagin  asked  and  obtained  leave  of  absence  for  Mr. 
Bussey  on  account  of  indisposition. 

Mr.  Floyd  asked  and  obtained  leave  of  absence  for  Mr. 
Laughinghouse,  for  the  same  cause. 

Mr.  Flanagin  also  obtained  leave  of  absence  for  Mv.  Tatum. 

Upon  motion  of  Mr.  Floyd,  the  reading  of  the  journals  of 
yesterday  was  suspended  with  for  the  present,  and  the  special 
order  for  the  day  being  the  consideration  of  the  ordinance,  enti- 
tled "  an  ordinance  to  prevent  giving  aid  and  comfort  to  the 
enemy,"  was  postponed  until  PJonday  morning,  9  o'clock. 

On  leave,  Mr.  Dinsmore  introduced  the  following  ordinance: 

ORDINANCE  iNo.  18. 

AxV  Ordinance  for  the  raisivg  arid  equipping'  a  ?nilitanj  force  in 
iiiC  71-jrth-west  /or  the  ii/wicdialc  protection  of  that  frontier. 

Whereas,  Our  north-western  frontier  is  threatened  \vith 
i.^; mediate  invasion  by  the  forces  of  the  United  States. 

Section  1.  Be  it  therefore  ordained,  by  the  peo'ph  of  Arkansas 
now  i7i  convention  assembled,  That  there  be  elected  forthwith 
one  brigadier  general  for  the  western  division  of  the  state,  who 
•  shall  constitute  one  of  such  officers  as  may  be  elected  by  this 
convention  for  the  army  of  this  state,  and  subject  to  any  mili- 
tary board  as  may  hereafter  be  organized,  and  to  hi?  superior 
officers;  and  that  the  president  of  this  convention  is  hereby 
authorized  to  issue  a  commission  to  said  ofilcer  in  the  name  of 
the  State  of  Arkansas. 


THE    CONVENTIO'N.  \^9 

2.  Be  it  farther  ordained,  That  such  brigadier  general  shall 
proceed  at  once  to  organize  a<  hastily  and  perfectly  as  possi- 
ble, the  volunteer  forces  of  the  western  portion  of  our  state, 
and  put  the  same  under  drill,  subject  to  be  called  out  at  such 
times  as  necessity  may  require,  and  all  military  operations  of 
the  western  frontier  are  hereby  made  subject  to  the  authority 
of  said  officer  until  a  perman<Mit  s3'stera  is  adopted. 

o.  Bo  it  fiirlhcr  ordained,  That  such  officer  shall  not  muster 
into  the  service  suf^h  military  force  without  the  order  of  such 
military  board  as  may  hereafter  be  organized,  or  other  compe- 
tent authority,  except  in- case  of  actual  emergency,  in  which 
event,  he  may  place  on  active  service  such  force  as  he  may 
deem  urgently  necessary,  and  report  the  same  forthwith  to 
military  board  or  other  proper  officer,  with  the  facts  in  the 
case,  v.-ith  the  number  and  kind  of  troops,  etc.,  etc. 

4.  Be  it  further  ordained,  That stand  of  arms  out  of 

such  arms  as  may  be  at  the  command  of  the  State  of  Arkan- 
sas, with  all  accoutrements  and  munitions,  etc.,  necessary,  and 
that  two  complete  batteries  of  artillery,  (six  pieces  each,)  witli 
all  the  necessary  accompaniments,  be  immediately  placed  at 
the  command  of  such  brigadier  general  for  the  earliest  possible 
transportation  to  that  frontier,  and  the  governor  or  officer  in 
charge  be,  ami  is  hereb}-  re^uiree  to  deliver  the  same,  taldng 
receipts  therefor;  and  that  the  commissary  officer  turn  over  to 
said  brigadier  general,  on  requisition  from  him,  such  subsistence 
stores  as  may  be  necessary  for  the  present  emergency,  outof 
any  supplies  now  on  hnnd  at  the  arsenal,  not  otherwise  appro- 
priated, taking  receipts  therefor. 

5.  Be,  it  furfhcr  ordained,  That thousand  dollars  be, 

and  is  hereby  appropriated,  out  of  any  money  that  may  be  in  the 
treasury  not  otherwise  appropriated,  ibr  the  purpose  of  defray- 
ing all  necessary  expenses  of  such  military  operations  on  that 
IVontier;  and  the  state  treasurer  is  hereby  ordered  to  turn  over 
such  rnone^-s  on  the  warrant  of  the  president  of  this  convention 
to  such  brigadier  general,  who  shall  make  a  faithful  report  of 
all  expenditures,  with  vouchers  therefor,  to  military  board,  or 
other  competent  authority. 

Which  was  read. 

Mr.  Adams  of  Phillips,  oflered  the  following  as  a  substitute 
for  the  ordinance: 

Besoh'cd,  That  the  Pi'esident  of  the  Confederate  States  ot 
America,  be,  and  he  is  hereby  requested  to  cause  to  be  formed 
a  military  department  or  division,  to  be  composed  of  the  State 
of  Arkansas  and  the  Indian  country  in  our  western  border,  and 
to  appoint  aj  once  a  general  officer  for  the  same.. 


190  ''JOURNAL    OF 


Which  was  read,  and  Mr.  Floyd  moved  to  lay  it  upon  the 
tabic. 

At  the  suggestion  of  Mr.  Yell,  and  leave  being  obtained,  Mr. 
Dinsmore  withdrew  his  ordinance,  and  Mr.  Yell  froii^  the  com- 
mittee on  military  affairs,  made  the  following 

REPORT: 

Mr.  President — 

The  committee  on  military  affairs  have  had  under  con- 
sideration the  subject  of  establiishing  a  military  board  for  the 
State  of  Arkansas,  and  have  directed  me  to  report  an  ordinance 
for  the  permanent  organization  thereof,  and  to  reci  mmend  its 
adoption,  which  is  here  accordingly  done. 

YELL,   Chairman. 

'Mv.  Yell  then  introduced 

ORDINANCE  No.  20. 

To   create  a  AHlitary  Board  for   the  State  of  Arkansas. 

Section  1.  Ba  il  ordained  hy^  ili&,j)cople  of  the  State  oj  Arkan- 
sas in  convention  assembled,  That  by  this  ordinace  there  shall 
be  created  an  executis^e  military  board,  to  consist  of  the  gov- 
ernor and  two  advisers,  citizens,  of  this  state,  to  be  elected  by 
this  convention,  whose  duty  it  shall  be  to  act  and  consult 
together  in  all  matters  appertaining  to  the  general  military 
delence  of  the  state.  Said  advisers  to  receive  the  sum  of  five 
dollars  per  day,  while  actually  employed  in  such  service. 

Sec.  2.  The  board  shall  employ  a  competent  secretary,  who 
shall  keep  a  true  and  perfect  record  of  all  th.e  proceedings  of 
the  board,  and  of  all  the  expenses  of  the  military  department 
of  the  state,  and  the  secretary  of  the  board  shall  keep  his 
office  at  Little  Rock,  and  shall  be  paid  such  compensation  as 
the  military  board  shall  allow  him  and  order  to  be  paid  out  of 
the  state  treasury.  The  meetings  of  said  board  shall  be  held 
at  Little  Rock,  unless  otherwise  specially  ordered. 

Sec-  3.  Said  military  board  shall  have  full  power  to  call  out 
the  militia  and  volunteer  forces  of  the  state  to  the  extent  neces- 
sary for  is  protection  and  security;  and  to  draw  orders  on  the 
auditor,  to  be  paid  by  the  treasurer,  out  of  such  moneys  a?  may 
be  appropriated  for  military  purposes;  to  manage  and  control 
the  forts,  arms  and  munitions  of  war,  belonging  to,  or  in  pos- 
session of  the  state,  either  by  original  right  or  confiscation,  and 
any  and  all  property  belonging  now,  or  hereafter  to  the  military 
department  of  this  government.  They  shall  have  power  to 
])ut  on  foot  all  military  expeditions  necessary,  in  their  opinion, 


THE    CONVENTION.  191 


and  as  circumstances  and  necessity  may  reqkire,  subject  to 
the  provisions  of  such  laws  or  ordinances  as  may  be  hereafter 
passed  or  enacted  by  this  convention,  or  the  General  Assembly 
of  thi-<  state;  and  in  all  thin<,'s,  take  charge  of,  and  be  respon- 
sible for  the  safety  and  protection  of  Arkansas,  until  such  time 
as  the  authority  of  the  confederate  government  shall  be  extended 
over  it;  after  which,  it  shall  act  in  aid  of,  and  auxiliary  to  said 
conrederat%  authority. 

Sec.  4.  The  board  may  order  the  trial  of  gfcneral  officers  by 
courts  martial,  when  charges  of  a  character  warranting  it  shall 
be  preferred  against  them — said  court  shall  consist  of  from  five 
to  nine  officers  of  the  highest  rank  that  can  be  assembled  for 
that  purpose,  without  manifest  injury  to  the  service.  The  court 
shall  keep  a  record  of  its  proceedings,  which  shall  be  laid 
before  the  board  lor  final  action.  All  the  militia  officers, 
V.  hether  in  service  or  not,  are  hereby  made  subordinate  to  this 
board. 

Sec.  5.  The  board  shall  be  governed,  in  all  things,  by  the 
rules  and  articles  of  war  and  laws,  as  they  now  exist  in  the 
government  of  the  Confederate  States,  and  the  laws  of  the 
state  of  Arkansas,  where  their  duties  are  not  specified  in  this 
ordinance:  but  all  laws,  of  every  kind  and  description,  incon- 
sistent and  in  conflict  with  this  ordinance,  are  hereby  made 
null  and  void. 

Sec.  G.  The  governor  shall  be  the  presiding  officer  of  the 
meetings  of  said  board,  and  in  all  matters  by  this  ordinance 
entrusted  to  them,  a  majority  of  the  board  shall  rule;  and  in 
case  of  vacancy,  by  death,  resignation  or  otherwise,  the  gov- 
ernor and  remaining  adviser  shall  take  to  their  assistance  the 
auditor  of  this  state,  and  by  a  majdrit}-  vote,  elect  a  successor. 
Sec.  7.  The  sum  of  two  millions  of  dollars  be,  and  the  same 
is  hereby  appropriated  for  military  purposes,  to  be  paid  by  the 
treasurer  of  tiie  state,  out  of  any  moneys  now  in  the  treasuiy, 
or  any  moneys  that  may  come  into  the  treasury,  not  now  spe- 
cially appropriated  for  other  purposes. 

Sec.  8.  This  convention  places  at  the  command  of  said  board 
thirty  thousand  men,  for  war,  and  if  necessary,  the  whole  mili- 
tary force  of  the  State. 

-  Sec  G.  This  ordinance  shall  take  elTect  and  be  in  force  from 
and  after  its  passage. 

Which  was  read. 

Mr.  Yell,  at  the  same  time,  made  the  following 

REPORT: 
Mr.  President — 

The  committee  on  millitary  aflairs  have  had  under  con- 


192  JOURNxVL    OF 


sideration  the  subject  of  establishing, an  efficient  military  corps 
and  permanent  officers  for  said  corps,  and  have  concluded  that 
said  corps  ought  to  be  established,  ap  I  for  '^hat  purpose  have 
directed  me  to  report  the  following  otdinance  and  recommcTid 

its  adoption.  ^ 

I  ELL,   Chairmaii. 


Which  was  received  with  the  accompanying 
ORDINANCE  No.  ^O^. 


• 


For  puiyoses  of  defence  and   raising   a  volunteer  corps  f  ■■:   the 
State  of   Arkansas. 

Section  1.  Be  it  ordained  h\j  the  people  of  Arkansas  in  conven- 
tion assembled,  That  there  shall  be  one  major'  general  of  the 
army  of  Arkansas,  and  no  more,  who  shall  have  command  of 
said  army,  or  any  portions  thereof  wdien  called  into  the  field 
on  active  duty,  and  he  may,  at  his  discretion,  call  any  subordi- 
nate officer  into  service  when  necessary,  with  such  troops;  and 
there  shall  be  two  brigadier  generals  of  said  army,  who  shall 
have  such  commands,  subject  to  the  authority  of  the  major 
general,  as  shall  be  assigned  them  by  the  military  board.  The 
office  of  majni-  general  shall  be,  and  the  same  is  hereby  con- 
ferred  upon of  the  county  of ;.  and   the  office 

of  brigadier   general,  with  rank   in   the  order   of  appointmienr, 

shall  be,  and  the  same  is  hereby  conferred  on ■ ,  of  the 

county  of ;  and  on ,  of  the   county  of ; 

but  the  board  may  appoint  other  brigadier  generals,  from  time 
to  time,  by  unanimous  vote;  the  board  shall  also  fill  all  vacan- 
cies in  the  above  offices  occasioned  by  death  or  resignation. 
In  active  service,  the  general  officers  may  call  to  their  assist- 
ance such  aids  de  camp  as  the  exigencies  of  the  service  may 
require  of  general  officers. 

Sicc.  2.  Be  it  farther  ordained.  That  the  general  officers  and 
colonels  of  the  army  of  Arkansas,  shall  severally  be  entitled  to 
appoint  such  staff  officers  as  may  be  appointed  by  officers  of 
the  same  rank  in  the  arm.y  of  the  Confederate  States  of 
America,  or  as  at  present  allowed  to  United  States  officers  of 
like  rank,  and  to  remove  them  at  will;  field  officers  of  regi- 
ments and  the  officers  of  the  line,  shall  be  chosen  as  the  mili- 
tary board  shall  prescribe;  captains  of  companies  shall  be  enti- 
tled to  appoint  the  non-commissioned  officers  thereof,  and  to 
remove  them  at  will.  The  general  officers  appointed  by  this 
convention,  shall  be  commissioned  by  the  president  thereof; 
other  general  officers,  together  with  field  officers,  and  officers 
of  the  line,  shall  be  commissioned  by  the  governor  on  recom- 
mendation of  the  board;  staff  officers  shall  be  commissioned  by 
the  officers  who  m.ay  appoint  them. 


THE    CONVENTION.  193 

Sec.  3.  Any  general  or  field  officer,  against  whom  charges  of 
inefficiency  or  unmilitary  conduct  shall  be  preferred,  shall  be 
tried  by  a  court  martial,  ordered  by  the  military  board,  and  the 
proceedings  of  such  court  shall  be  returned  to  the  board  for  its 
final  action  thereon.  Any  officer  of  the  line,  against  whom 
charges  of  inefficiency  or  unmilitarj^  conduct  shall  be  preferred 
shall  be  tried  by  a  court  martial,  ordered  by  the  colonel  of  his 
regiment,  to  whom  the  proceedings  of  such  court  shall  be 
returned  for  his  final  action  thereon,  except  in  cases  of  dismis- 
sal, when  the  whole  proceedings  shall  be  laid  befoi-e  the  board 
for  final  action.  All  trials  by  court  martials  shall  be  conducted 
in  accordance  with,  and  governed  by  the  rules  and  articles  of 
war  that  may  be  adopted  by  the  Confederate  States. 

Sec  4.  Bs  it  further  ordained^  That  the  pay  of  the  officers 
and  soldiers  of  the  army  of  the  State  of  Arkansas,  when  called 
into  the  actual  service  of  the  state  by  the  military  board,  shall 
be  the  same  as  in  the  army  of  the  Confederate  States  of  America. 

Sf.c.  5.  Be  it  further  ordained,  That  the  army  of  Arkansas 
shall  be  composed  of  volunteers  fVom  among  the  militia,  who 
shall  be  called  for  by  the  military  board,  from  time  to  time, 
and  shall  serve  for  and  during  such  term  as  shall  be  prescribed 
in  the  call;  but  when  necessar}'',  the  militia  may  be  drafted  by 
the  board  for  such  service. 

Skc.  G.  Be  it  fii.athcr  ordained.  That  the  militia  of  this  state 
shall  consist  of  all  able  bodied  free  white  male  inhabitants, 
having  a  residence  of  ten  days  therein,  between  the  ages  of 
eighteen  and  forty-five  years;  but  in  case  of  insurrection  or 
invasion,  or  when  the  danger  thereof  shall  be  imminent,  all 
able  bodied  free  white  male  inhabitants  between  the  ages  of 
sixteen  and  sixty  years  shall  be  of  the  militia.  No  person  lia- 
ble and  subject  to  military  duty  shall  be  exempted  therefrom, 
except  such  as  are  now  exempt  by  the  laws  ot  this  state. 

Sec.  7.  Be  it  further  ordained,  That  whenever  the  President 
of 'the  Confederate  States  of  America,  pursuant  to  the  consti- 
tution and  laws  thereof,  shall  call  for  volunteers  from  this  state, 
for  the  service  of  said  Confec'erate  States,  the  military  board 
shall  forthwith  call  for  and  accept  a  suitable  number  of  volun- 
teers for  such  service,  by  companies,  regiments  or  brigades,  as 
the  case  may  be,  from  the  ar.my  of  Arkansas.  If  a  sufficient 
number  thereof  shall  not  volunteer  for  such  service,  the  board 
shall  call  for  and  accept  such  number  as  may  be  wanting  fVom 
among  the  militia;  and  if  a  sufiieient  number  of  the  militia 
shall  not  volunteer  for  such  service,  the  deficiency  may  be 
drafted  by  the  board,  either  from  the  army  of  Arkansas  or  from 
the  militia,  or  from  both.  The  board  shall  provide  for  the  pro- 
per organization  of  such  force,  and  shall  place  the  same  under 
the  order  of  the  President  of  said  Confederate  States  for  and 
during  the  term  prescribed  by  law. 

13 


194  JOURXAL    OF 


Sec.  8.  Be  it  further  ordained,  That  for  and  during  the  term 
of  the  actual  service,  in  time  of  war,  of  any  inhabitant  of  this 
state  in  the  army  thereof,  or  in  the  army  of  the  Confederate 
States  of  x\merica,  and  during  twelve  months  next  after  the 
expiration  of  such  service,  no  civil  suit  or  proceeding  shall  be 
commenced  or  carried  on  against  such  person  in  any  of  the 
courts  within  this  state;  but  such  period  of  exemption  shall  not 
be  computed  in  limitation  of  rights  of  action  against  any  such 
p^Fion;  and  for  and  during  the  same  period,  the  real  estate  of 
such  person,  not  exceeding  one  hundred  and  sixty  acres  of  land 
in  quantity,  shall  be  exempt  from  any  and  all  taxation. 

Sec  9.  Bt  it  further  ordained,  That  if  any  inhabitant  of  this 
state,  being  the  head  of  a  family,  shall,  in  time  of  war,  be  in 
the  actual  service  of  this  state,  in  the  army  thereof,  and  shall, 
while  in  such  service,  in  the  line  of  his  duty,  die,  or  incur  any 
permanent  disability,  he,  or  in  case  of  his  death,  his  widow,  or 
his  children,  as  the  case  may  be,  shall  be  entitled  to  receive  out 
of  the  state  treasury,  five  years'  full  pay,  at  the  same  rate  of 
compensation  to  which  he  was  entitled  while  in  such  service. 

Sec.  10.  IjC  it  further  ordained,  That  all  laws  of  this  state 
conflicting  wdth  any  regulation  which  may  be  made  by  the 
military  board,  pursuant  to  this  ordinance,  shall  be  and  the 
same  are  hereby  repealed. 

Sec.  11.  Be  it  further  ordained.  That  this  ordinance  take 
effect  and  be  in  force  from  and  after  its  passage. 

^Yhich  was  read. 

Mr,  Gould  offered  as  a  substitute  for  ordinance  No.  20^, 
ORDINANCE  No.  2J, 

To  estaUlsh  a  Military  Board  for  the,  State  of  Arkansas. 

Section  1.  Be  it  ordained  by  the  people  of  Arkansas  in  conven- 
tion assembled.  That  there  be  a  military  board  established,  con- 
sisting of  three  suitable  persons,  to  be  chosen  by  this  conven- 
tion, to  act  in  conjunction  with  the  governor  of  this  state, 
touching  all  military  matters  necessary  for  its  defence  and 
safety,  lor  and  during  the  present  existing  state  of  war,  or  until 
the  same  be  dissolved  by  this  convention  or  the  state  legisla- 
ture; the  members  whereof  shall  receive  a  salary  at  the  rate  of 

dollars  per  annum,  payable  quarterly  out  of  any  money 

in  the  treasury  not  otherwise  appropriated.  Said  board  to 
remain  at  the  seat  of  government,  and  they  and  the  governor, 
each,  for  that  purpose  having  one  vote,  shall  elect  a  secretary, 
and  remove  him  from  office,  if  necessary,  by  a  majority  of  all 

four  votes,  and  he  shall  be  paid  an  annual  compensation  of 

dollars,  to  be  drawn  out  of  the  treasury  as  the  salaries  of  other 
officers  are,  whose  duty  it  shall  be  to  keep  a  record  of  the  pro- 
ceedings of  said  board,  and  to  record  the  vote  of  each  member 


THE    COXVEXTIOX.  195 

thereof — the  governor  included — upon  all  matters  or  questions 
whicli  come  before  it,  and  report  the  same  for  the  examination 
and  inspection  of  the  ensuing  legislature,  or  the  convention,  if  it 
should  assemble  again  after  the  adjournment  of  the  present 
session. 

Sec.  2.  Be  it  further  ordained,  That  said  military  board,  act- 
ing in  conjunction  with  the  governor,  shall  have  full  power  to 
call  out  the  militia  and  volunteer  forces  of  the  state  to  the 
extent  nece.ssar3'  for  its  protection  and  security;  and  to  draw  an 
order  on  the  auditor  to  be  paid  by  the  treasurer  for  such  moneys 
as  ma}'  be  appropriated  for  military  purposes;  to  manage  and 
control  the  forts,  arms,  and  munitions  of  war  belonging  to,  or 
in  possession  of  the  state,  either  by  original  right  or  confisca- 
tion, and  any  and  all  property  belonging  now,  or  hereafter,  to 
the  military  department  of  this  government.  They  shall  have 
power  to  plan  and  execute  defences,  and  put  on  foot  military 
expeditions  necessary,  in  their  opinion,  and  as  circumstances 
and  necessity  may  require;  and  in  all  things  take  charge  of, 
and  be  responsible  for  the  safety  and  protection  of  Arkansas, 
until  such  time  as  the  anthority  of  the  confederate  government 
shall  be  extended  over  it,  and  state  authority' shall  become  sub- 
ordinate to  said  confederate  power,  after  which  it  shall  act  in 
aid  of  and  auxiliary  to  said  confederate  authority. 

Skc.  3.  jBe  it  further  ordained,  That  the  govei'nor  shall  be, 
and  it  is  intended  hereb}*,  that  he  remain,  as  under  existing 
laws  and  the  constitution,  commander-in-chief  of  the  army  of 
this  state,  and  make  and  execute  orders  with  the  qualifications 
hereinafter  provided — as  he  does  now  toucliing  said  army — but 
he  shall,  in  the  future,  submit  to  said  board  his  plan  of  opera- 
tions, in  a  military  point  of  view,  taking  the  advice  and  opin- 
ion of  said  board,  by  direct  vote,  to  be  recorded  in  a  journal, 
kept  as  aforesaid,  and  if  said  board,  the  governor  included, 
shall  be  equally  divided,  two  for  and  two  against  a  proposition, 
the  vote  cast  by  one  member  and  the  governor  shall  be  of  supe- 
rior authorit}^  and  the  question  be  so  determined.  That  in 
case  of  death,  protracted  illness,  or  absence  for  a  longer  period 
than  five  days  consecutively  from  the  capitol,  the  said  remain- 
ing member  or'members  of  said  board,  and  the  governor  shall, 
by  the  united  vote  of  all,  select  some  other  person  to  fill  such 
vacancy,  and  if  necessary,  one  after  another  shall  be  nominated 
until  all  shall  agree  to  the  nomination — the  governor  being 
privileged  to  make  the  first  nomination.  If  said  nomination  is 
not  confirmed,  the  other  members  to  proceed  as  their  names 
stand  in  alphabetical  order,  to  make  their  nominations  respec- 
tively, and  so  on,  until  the  vacancj"  is  filled — the  member  so 
chosen  to  receive  the  compensation  above  allowed,  during  the 
time  which  he  serves,  and  the  absence  of  any  member,  except 


196  JOURNAL    OF 


for  sickness,  for  a  greater  period  than  twenty  days,  shall  vacate 
his  seat  permanently. 

Which  was  read. 

Discussion  arising,  Mr.  Yell  svithdrew  the  ordinance  No.  20i, 
accompanying  the  report. 

Mr.  Hanly  moved  that  100  copies  of  all  ordinances  touching 
upon  the  subject  be  printed  for  the  use  of  the  convention; 
v.'hich  motion  prevailed,  and 

Mr.  Patterson,  of  Jackson,  thereupon  introduced 

ORDINANCE  ?.^o.  22, 

Sectiox  1.  Be  it  ordained  by  the  "people  of  Arkansas  in  conven- 
tion assembled.  That  the  militia  of  the  State  of  Arkansas  shall 
be  composed  of  ten  regiments  of  infantry,  two  regiments  of 
cavalry,  and  one  regiment  of  artillery;  each  regiment  of  in- 
fantry to  be  composed  of  ten  companies,  each  company  not  less 
than  sixty-four,  nor  more  than  eighty  men;  each  regiment  of 
cavalry  shall  be  composed  of  ten  companies,  each  company  of 
not  less  than  sixty-four,  nor  more  than  ninety-six  men,  rank  and 
file;  and  the  artillery  regiment  shall  contain  ten  companies, 
each  company  not  less  than  riinety-six,  nor  m*ore  than  one  hun- 
dred and  twenty  men. 

Sec.  2.  The  militia  force  thus  composed  shall  be  enlisted  and 
enrolled  for  five  years,  and  shall  be  levied  from  and  appor- 
tioned among  the  regiments  now  organized  under  the  present 
law,  as  the  military  board  hereafter  provided  for  shall  direct; 
Provided,  No  man  shall  be  required  to  enlist  in  any  company 
outside  the  county  in  which  he  may  reside;  And  provided  fur- 
ther, That  in  case  any  private  or  non-commissioned  officer 
move  from  one  county  into  another  before  his  term  expires  it 
shall  be  the  duty  of  his  former  captain  to  notify  the  officer 
commanding  in  the  county  to  which  he  moves,  and  he  shall 
then  be  required  to  do  duty,  unless  he  provide  a  substitute  in 
the  county  from  which  he  moved. 

Si:c.  3.  The  militia  so  provided  shall  compose  one  division, 
and  shall  be  divided  into  two  brigades  by  the  military  board, 
and  shall  be  officered  as  follows:  one  major  general  who  shall 
take  command  of  the  militia  of  the  state  when  in  actual  ser- 
vice; two  brigadier  generals  and  one  colonel,  one  lieutenant 
colonel,  and  one  major  for  each  regiment,  and  one  captain,  and 
one  first,  one  second  and  one  third  lieutenant  for  each  com- 
pany; Provided,  That  in  the  artillery  companies,  if  deemed 
necessary  by  the  military  board,  there  may  be  one  first  and  two 
second  and  two  third  lieutenants. 

4th.  The  major  general,  brigadier  generals  and  colonels  shall 


THE    COXVENTIOX.  197 


be  elected  each  in  succession  by  this  convention  and  military 
board  for  the  state,  to  be  assembled  at  the  call  of  the  major 
general,  or  if  his  office  be  vacant,  then  the  senior  surviving: 
officer,  not  oftener  than  once  in  every  two*  years,  unless  for 
special  reasons,  any  nine  of  whom  shall  constitute  a  quorum, 
the  senior  officer  present  shall  be  ex-officio  chairman. 

vSec.  5th.  The  military  board  so  constituted  have  power  and 
authority  to  make  all  needful  rules  and  regulations  not  con- 
trary to  law,  for  tlie  government  and  discipline  of  the  militia, 
including  articles  of  war,  subject  to  the  approval  of  this  con- 
vention, or  of  the  state  legislature  after  this  convention  shall 
have  finally  adjourned. 

They  shall  elect  one  lieutenant  colonel,  and  one  major  for 
each  regiment. 

They  shall  organize  and  establish,  whenever  deemed  neces- 
sary, a  general  commissary,  quarter-master,  medical  and  pay 
department,  and  shall  select  the  officers  thereof. 

In  addition  to  the  militia  so  organized  the  military  board 
may  organized  a  corps  of  engineers,  and  .is  man}^  companies 
of  sappers  and  miners  as  they  may  deem  expedient  and  neces- 
sary, and  shall  order  and  appoint  the  ofiicers  thereof;  shall 
establish  and  constitute  general  regimental  courts  martial,  pos- 
sessing, the  powers  necessary  to  compel"  observance  of  militia 
duty  and  law  bj'  fine  and  imprisonment;  Provided,  That  com- 
pany courts  martial  shall  have  jurisdiction  only  of  privates  and 
non-commissioned  officers,  llegimental,  of  company  officers 
and  privates.  General  court  martial,  of  all  officers  and  offen- 
ces against  military  law.  Company,  may  fine  any  jsum  not 
over  ten  dollars.  Regimental,  any  sum  not  more  than  fifty 
dollars,  with  power  to  reduce  to  the  ranks.  General  court 
martial,  any  sum  not  more  than  one  hundred  dollars,  with 
power  to  cashier  or  reduce  to  the  ranks.  Fines  assessed  by 
the  courts  martial  shall  have  the  same  force  and  efl'ect  as  judg- 
ments of  the  circuit  court,  and  shall  be  collected  by  execution 
issued  from  the  court  to  the  sheriff  of  the  county,  and  made 
returnable  to  the  court  at  such  time  as  they  may  appoint,  and 
no  stay  or  delivery  bond  shall  be  allowed.  When  in  actual 
service,  the  mihtia  shall  be  subject  to  the  laws  and  regulations  i-I* 
governing  the  regular  army  of  the  Confederate  States;  shall 
fix  and  determine  the  rank  of  all  officers,  prescribe  the  uniform, 
arms  and  equipments  of  the  militia  so  organized;  Provided, 
That  volunteer  companies  now  established  shall  for  the  pre- 
sent, if  enrolled  in  the  militia,  be  permitted  to  retain  the  uni- 
forms they  have  adopted;  fhall  in  general  have  the  control  and 
regulation  of  the  discipline  and   organization. 

Si'.c.  6th.  The  company  commissioned  officers  shall  be  elected 
by  their  respective  companies,  and  the  captains  of  each  com- 
pany shall  appoint  the  non-commissioned  officers  thereof. 


198  JOURNAL    OP 


Sec.  7th.  The  staff  of  field  officers  shall  be  the  same  in  the 
militia  as  they  are  now  by  law  constituted  in  the  army  of  the 
Confederate  States,  and  the  officers  shall  themselves  select  and 
appoint  their  own  staff. 

Sec.  8th.  It  shall  be  the  duty  of  the  captains  of  the  different 
companies  so  formed,  to  drill  his  company  twice  each  month 
on  the  first  and  third  Saturdays,  the  drill  to  commence  at  10 
o'clock,  and  continue  not  less  than  three  hours;  Provided,  That 
the  colonels  of  the  regiment  shall  order  for  the  present  and  until 
the  companies  are  in  good  training,  four  company  drills  each 
month,  and  .«hall  order  the  captains  of  each  company  to  divide 
it  into  four  squads,  each  squad  to  be  placed  in  charge  of  a  com- 
missioned officer,  and  be  required  to  drill  once  per  week. 

Sec.  9th.  \V here  a  compan}^  shall  be  found  greatly  deficient 
in  its  drill,  uniform  or  equipments,  the  colonel  of  the  regiment 
shall  cause  the  captain  and  commissioned  officers  to  be  reported 
to  the  regimental  court  martial  as  for  neglect  of  duty,  and  the 
court,  upon  conviction,  may  fine  them  in  any  sum  not  over  ten 
dollars,  or  reduce  them  to  the  ranks  and  order  a  new  election; 
and  officers  reduced  to  the  ranks  by  .judgment  of  a  court  mar- 
tial, shall,  in  no  case,  again  hold  office  in  the  militia  of  this 
state,  unless  the  judgment  be  reversed,  or  unless  by  permission 
of  the  court  pronouncing  it. 

Sec.  10.  Members  of  the  enrolled  militia  shall  be  exempt 
from  jury  duty,  except  in  criminal  cases,  from  poll  tax  and' 
from  working  roads,  and  shall  receive  pay  for  two  diills  in  each 
month;  infantry  privates  and  non-commissioned  officers  forty 
cents  per  day;  cavalry  and  artillery  sixty  cents  per  day.  The 
captains  of  each  company,  or  the  officer  in  command  thereof, 
shall  on  the  1st  of  May,  in  each  year,  return  to  the  office  of  the 
auditor  of  public  accounts,  a  full  and  correct  muster  roll  of  his 
company,  sworn  to  before  the  presiding  judge  of  I  he  county 
court  of  his  county  by  the  commissioned  officer  thereof,  to- 
gether with  a  draft  for  the  amount  due  under  this  ordinance,  to 
his  company;  which  shall  be  examined,  and,  if  corresponding 
with  the  muster  roll,  the  auditor  of  public  accounts  shall  issue 
a  warrant  therefor  upon  the  state  treasurer,  payable  out  of  the 
fund  herein  provided. 

Sec.  IJ.  Every  white  male  inhabitant  of  this  stale,  over  the 
age  of  eighteen  years,  not  a  member  of  the  enrolled  militia, 
shall  pay  a  poll  tax  of  two  dollars  per  head,  and  on  every 
negro  in  the  state,  between  the  ages  of  sixteen  and  fifty,  there 
shall  be  assessed  and  levied  a  poll  tax  of  twa  dollars  and  fifty 
cents  per  head.  And  it  shall  be  the  duty  of  the  assessor  of 
taxes  to  sv^^ear  each  owner  of  negroes  as  to  the  age  and  num- 
ber of  his  slaves.  Which  tax  shall  be  assessed,  collected  and 
paid  into  the  state  treasury  by  the  different  theriffs,  as  other 
revenue  is  now  assessed,  collected  and  paid  in,  and  the  sherifis 


THE    GONVENTIOX.  199 

shall  be  allowed  2i^  per  cent,  thereon,  for  collection.  And  the 
clerk  shall  be  required  to  carry  out  in  a  separate  column  the 
tax  provided  for  in  this  bill. 

Skc.  12.  The  revenue  arising  from  the  above  tax  i?hall  be 
applied  exclusively  to  the  support  and  maintenance  of  the 
militia  system  herein  provided;  the  surplus,  if  an}'  there  be, 
shall  be  applied  to  the  purchase  of  arms  and  amunition  for  the 
state,  and  in  providing  depots  therefor. 

Sec.  13.  Each  county  shall  provide  an  armory  for  the  deposit 
of  the  arms  issued  to  the  companies  organized  therein,  which 
armory  shall  be  located  at  the  county  seat,  or  principal  town 
in  said  county,  and  placed  in  charge  of  the  company  or  com- 
jmnies  tliercin  formed,  subject  to  the  inspection  of  the  county 
court,  or  the  presiding  judge  thereof.  And  it  shall  be  the  duty 
of  said  court,  twice  each  year,  to  inspect  said  armory  and 
report  its  condition  to  the  commmanding  officer  of  the  regi- 
ment. 

Si;c.  14.  The  commissioned  officers  of  each  company  shall 
execute  to  the  state,  a  good  and  sufficient  bond,  with  security, 
to  be  approved  by  the  presiding  judge  of  the  county  court,  in 
double  the  value  of  the  arms  issued  to  the  company,  conditioned 
that  they  will  safely  keep  and  return  said  arms  in  good  order, 
when  called  for  by  the  state,  which  bond  shall  be  filed  in  the 
office  of  the  auditor  of  public  accounts. 

Sec.  15.  It  shall  be  the  duty  of  the  military  board,  as  soon  as 
organized,  to  call  upon  the  governor  for  a  detailed  statement 
of  all  the  arms  now  be'onging  to  or  in  the  possession  of  the 
state,  their  condition,  and  the  place  where  kept,  or  if  issued, 
companies  in  whose  hands  they  now  are;  to  call  in  said  arms, 
and  issue  them,  as  far  as  they  may  go,  to  companies  organized 
under  this  ordinance;  Provided,  That  where  arms  may  have 
been  issued  to  volunteer  companies  heretofore  formed,  which 
shall  enroll  themselves  in  the  militia  herein  provided,  they  may 
be  allowed  to  retain  them,  in  the  discretion  of  the  board,  upon 
executing  and  filing  in  the  auditor's  office  the  bond  hereinbe- 
fore provided. 

Sec.  10.  The  commissioned  and  non-commissioned  officers 
and  privates  enlisted  under  this  ordinance,  shall,  when  called 
into  actual  service,  receive  the  same  pay  as  is  allowed  by  law 
to  the  same  grade  in  the  army  of  the  Confederate  States. 

See.  17.  In  case  of  war,  all  calls  and  drafts  for  men  upon  the 
state  shall  be  fir^t  drawn  -from  the  militia  enrolled  as  herein 
provided;  which  drafts  shall  always  be  by  whole  companies, 
s(juadrons,  battalions  or  regiments,  and  no  draft  shall  be  di-awn 
uj)on  any  portion  of  the  militia  for  less  than  one  whole  com- 
pany. All  vacancies  caused  by  drafts  thus  levied  upon  the 
militia,  shall  be  immediately  filled  from  the  bod}'  of  the  county; 
and  whenever  a  regiment  shall  be  called  into  service,  the  mili- 


200  JOURNAL    OF 


tary  board  shall  at  once  elect  a  colonel,  lieutenant-colonel,  and 
major,  and  organize,  as  speedily  as  possible,  one  to  fill  its  place; 
Provided.  Recruits  thus  added,  shall  not  be  drafted  into  actual 
service  until  the  original  line  is  exhausted.  Recruits  thus  added 
shall  be  allowed  the  same  pay  and  the  same  exemptions  as  the 
original  line. 

Sec.  18.  At  the  end  of  every  fourth  year  the  major  general 
shall- issue  an  order  to  the  officers  commanding  regiments,  re- 
quiring them  to  enlist  a  new  line  to  replace  that  going  out; 
whereupon,  the  commanding  officer  of  each  regiment  shall 
require  the  company  commissioned  officers  at  once  to  er.list 
from  the  body  of  the  county  the  necessary  compliment  of  men 
to  till  the  places  of  those  whose  term  is  expiring,  in  such  man- 
ner as  the  military  board  shall  prescribe;  Provided,  That  the 
same  officers  shall  be  continued  and  hold  office  in  the  new  line 
as  they  did  in  the  old,  and  there  shall  be  no  new  elections, 
except  to  fill  vacancies  caused  by  death,  resignation  or  forfei*-- 
ure.  All  vacancies  caused  in  the  ranks  of  any  company,  shall 
be  immediately  refilled  by  enlistment,  in  such  manner  as  the 
military  board  shall  prescribe;  P/ovided,  That  no  one  shall 
enlist  for  a  shorter  time  than  the  full  term  of  five  years.  Mili- 
tia ordered  into  service  under  the  provisions  of  section  17,  and 
serving  in  actual  service  six  months,  shall  be  discharged,  and 
the  recruits  enlisted  as  therein  provided,  shall  take  their  place 
in  the  line  of  enrolled  militia.  Where  the  service  shall  be  less 
than  six  months,  they  shall  be  continued,  and  the  recruits  dis- 
charged, unless  the  military  board  shall,  from  the  character  of 
the  service  performed,  consider  them  entitled  to  be  discharged. 

Sec.  19.  All  officers  constituted  by  this  ordinance,  except 
staff  and  non-commissioned  officers,  shall  hold  office  during 
life  or  good  behavior,  subject  to  be  forfeited  if  they  remove 
from  the  county  wherein  the  company  to  which  they  belong  is 
organized,  or  from  their  regimental  or  brigade  district.  No 
person  shall  be  eligible  to  any  office  hereby  created  who  is  not 
a  citizen  of  this  state,  and  over  the  age  of  eighteen  years,  unless 
by  special  act  of  the  state  legislature. 

Sec.  20.  All  vacancies  in  the  office  of  major  general,  briga- 
dier general,  colonel,  lieutenant  colonel,  or  major,  shall  be  filled 
by  the  military  board.  In  all  others,  they  shall  be  supplied  as 
originally  filled. 

Sec.  21.  All  money  paid  to  the  militia  by  virtue  of  this  ordi- 
nance, shall  be  paid  out  of  the  military  fund  herein  provided; 
Provided,  That  when  in  actual  service,  they  shall  then  be  paid 
by  appropriation  therefor,  and  not  from  the  militia  fund,  herein 
provided, in  any  case. 

Sec.  22.  The  colonels,  or  officer  in  command  of  each  regi- 
ment, shall,  once  a  year,  order  an  encampment  for  his  regiment, 
for  the  purpose  of  regimental,  battalion,  or  company  drill,  at 


THE    COXVEXTIOX.  201 

which  all  shall  attend,  under  such  penalties  as  the  militarr 
board  may  prescribe,  to  be  assessed  and  collected  by  the  proper 
courts  martial,  and  shall  receive,  the  same  pay,  while  thereon, 
per  day,  as  is  above  allowed;  Provided,  That  if  in  distributing 
and  apportioning  the  militia  through  the  state,  any  regimrnt 
i-hoald  be  so  scattered  and  dispersed  as  to  render  it  ver}^  dilii- 
CLilt  and  expensive  to  assemble  by  regiment,  the  military  board 
may  order  therefor  battalion  encampments,  or  in  case  of  cavalry, 
where  very  much  separated,  squadron  encampments;  And  pro- 
vided further.  That  the  military  board  may  permit  the  artillery, 
where  and  when  deemed  expedient,  to  encamp  by  companies. 
ISnch  encampment  drills  to  continue  six  days,  commencing 
always  on  Monda}',  with  two  days  allowed  (or  going  to,  and 
returning  Irom,  the  place  of  meeting.  Regimental  courts  mar- 
tial shall  be  held'  on  encampment  drill,  the  general  courts  mar- 
tial daring  the  meeting  of  the  military  board,  unless  special 
reasons  should  demand  them  oftener,  when  they  may  be  called 
b}'  the  oilicer  commanding  the  division  or  brigade. 

Sec.  23.  All  laws  and  parts  of  laws  in  conflict  with  this  ordi- 
nance are  hereby  repealed  and  declared  void. 

Sec.  24.  So  much  of  chapter  113,  Gould's  Digest,  as  relates 
to  volunteers,  is  excepted  from  the  operation  of  section  23  of 
this  ordinance;  but  companies,  battalions,  and  regiments  orga- 
nized thereunder,  are  hereby  declared  wholly  independent  ot\ 
and  distinct  from,  the  militia  herein  provided,  except  when  in 
actual  service,  when  they  shall  be  subject  to  the  same  laws, 
an\l  commanded  by  the  general  officers  of  the  milita,  and  so 
much  of  section  59,  Gould's  Digest,  chapter  113,  as  provides 
the  contrary,  is  hereb}'  repealed. 

Sec.  2.5.  The  legislature  of  the  state  may,  whenever  it  shall 
l>e  deemed  expedient,  increase  the  militia  force  herein  provided, 
but  shall  in  no  case,  except  by  a  vote  of  three-fourths  of  the 
whole  number  of  members  in  each  house,  decrease  or  abolish 
the  militia  so  provided.  They  shall  in  no  case  alter  or  amend, 
except  by  the  vote  of  two-thirds  of  each  house  any  par'  of  this 
ordinaiice,  unless  upon  the  recommendation  of  the  military 
board. 

Sr.c.  20.  All  fines  assessed  and  collected  by  company  courts 
martial  shall  be  retained  for  the  company,  and  appropriated  to 
such  ends,  consistent  with  its  object,  as  a  military  company,  as 
it  may  deem  proper.  Fines  assessed  and  collected  by  division, 
brigade,  and  regimental  courts  martial  shall  be  paid  into  the 
military  fund. 

Sec.  27.  The  members  of  the  military  board  shall  be  allowed 
the  same  pay  as  may  be  allowed  by  law  to  members  of  the 
state  legislature,  together  with  the  same  mileage  in  going  to 
and  returning  from  the  place  of  meeting,  to  be  paid  out  of  the 
military  fund. 


202  JOURNAL    OP 


Sec.  28-  The  militia  herein  organized  and  provided,  shall  be 
held  and  returned  to  the  army  of  the  state,  and  shall  hold  them- 
selves in  readiness  to  march  at  the  command  of  the  major 
general  or  commanding  ofiicer  at  all  times,  to  repel  invasion 
or  repress  insurrection.  They  shall  moreover  constitute  the 
posse  comitatus  of  the  county  to  assist  the  sheriff  in  enforcing 
the  laws  of  the  state  and  preserving  peace.  Wherever  the 
sheriff  may  need  the  assistance  of  the  militia  for  the  purposes 
above  provided,  he  shall  notify  the  ofhcer  commanding  the 
company  thereof,  together  with  the  number  of  men  necessary, 
and  it  shall  be  his  duty  at  once  to  order  them  out  and  place 
them  under  a  commissioned  ofiicer,  subject  to  the  orders  of  the 
shei'iff.  The  militia,  so  ordered  out,  shall  receive  the  same  pay 
as  if  in  actual  service,  to  be  paid  from  the  general  revenue,  and 
not  the  military  fund;  Provided,  They  shall  not  be  required  to 
leave  the  state,  except  by  vote  of  two-thirds  of  the  state  legis- 
lature. 

Sec.  21).  No  person  under  the  age  of  eighteen  or  over  forty, 
shall  be  required  to  enlist  in  the  militia  so  provided,  but  a  per- 
son once  enlisted  shall  not  be  discharged  before  his  term  of 
service  expires,  by  reason  of  his  being  over  the  age  of  i'ort}'. 
No  person  not  a  citizen  of  this  state  shall  be  permitted  to  serve 
in  the  militia  thereof. 

Sec.  30.  Enlistments  maybe  by  volunteering,  but  v>'hen  that 
shall  fnil  they  shall  be  dralted  in  such  manner  as  the  military 
board  shall  direct. 

Sec.  31.  The  regimental  districts  shall  be  composed  as  fol- 
lows: 

1.  Infantry  of  the  counties  of 

2.  Infantry     .    "  " 

3.  Inlantry         "  " 

4.  Infantry         "  " 

5.  Infantry         "  ''  » 

6.  Infantry         "  " 

7.  Infantry         "  " 

8.  Infantry         "  " 

9.  Infantry         "  " 
10.  Infantry         "  " 

1.  Cavalry         "  " 

2.  Cavalry  "  •' 

The  artillery  regiment  shall  be  divided  through  the  state  as 
the  military  board  may  order. 

Sec.  32.  The  militia  shall  be  under  the  control  and  subject 
to  the  orders  of  the  major  general,  who  shall,  at  each  regi- 
mental encampment,  appoint  some  competent  inspector  to 
inspect  and  report  the  condition  of  the  arms,  equipments, 
organization  and  drill  of  each  regiment. 


THE    COXVEXTIOX.  203 

Which  was  received. 

]Mi'.  Gould  also  introduced 

ORDINANCE  No.  23. 

To  amend  chapUr  113  oj  Ike  Laws  of  Arkansas. 

Be  it  ordained  bij  llic  pcoph  of  Arkansi<^,  in  convention  assem- 
bled, Th.it  the  governor  phall  be  cominander-iu-chief  of  the 
militar}^  of  this  state  lor  the  time  being,  and*  ?hall  have  and 
exercise  such  power  and  authorit}^  as  may  be  necessary  to  call 
into  actual  service  the  military  of  the  state,  or  such  number 
thereof  as  may  be  called  for  by  the  proper  authorities  of  the 
Confederate  States. 

2.  No  company  of  volunteers  shall  consist  of  less  than  

nor   more  than  non-commissioned   ofhcers   and    privates, 

nor  shall  any  battallion  of  volunteers  consist  of  less  than , 

nor  more  than  companies. 

3.  That  in  the  organization  of  volunteer  companies,  the 
judge  of  the  county  court  may,  in  the  absence  of  the  colonel 
of  said  county,  fix  the  time  and  place  of  holding  the  first  elec- 
tion for  company  oillcers,  upon  whose  certificate  commissions 
shall  issue. 

4.  Whenever  it  shall  become  necessary  to  call  ouL  volunteers 
for  the  defence  of  the  state,  or  in  response  to  a  call  from  the 
authorities  of  the  Confederate  Slates,  the  governor  shall  direct 
that  a  sufiicieut  number  of  volunteer  companies  assemMe,  at 
a  time  J.nd  place  to  be  by  him  designated,  for  the  forrnatio.i  of 
a  battalion,  regiment  or  regiments,  as  the  case  may  be,  and 
when  so  assembled,  an  election  shall  be  held  for  battallion  and 
regimental  officers,  by  direction  of  the  governor.  The  regi- 
mental olficers  to  be  elected  by  the  commissioned  oflicera  of 
companies. 

5.  For  the  purpose  of  organization,  the  governor  is  author- 
ized to  constitute  regiments  out  of  such  volunteer  companies 
as  may  tender  their  services  to  the  state,  in  advance  ol'  a  call 
into  service,  by  directing  an  election  to  be  held  for  regimental 
officers  at  a  time  and  place  to  be  by  him  designated, 

G.  The  governor  may  issue  commissions  to  officers  of  volun- 
teer companies,  though  the  election  for  such  officers  may  have 
been  irregular,  if,  in  his  opinion,   it  will  serve  the   public  good. 

7.  A'^olunteer  regiments  shall  be  designated  by  numbers,  and 
shall  be  styled  "  The  Arkansas  Volunteers." 

8.  The  returns  of  elections  for  regimental  officers,  held  by 
virtue  of  this  ordinance,  shall  be  made  to  the  governor,  by  the 
person  or  persons  appointed  by  the  governor  to  conduct  the 
same,  upon  the  receipt  of  which  returns,  the  governor  shall 
issue  cemmissions  to  the  persons  elected. 


204  JOURNAL    OF 


9.  Each  colonel  commandant  of  a  regiment  of  volunteers 
may  appoint  the  staff  officers  of  his  regiment,  as  is  provided 
lor  the  appointment  of  similar  officers  by  colonels  of  the  mili- 
tia. Commissaries  of  regiments  shall  be  appointed  by  the 
governor. 

10.  In  the  event  that  any  regiment  of  volunteers  shall  be 
raised  by  any  citizen  of  this  state,  who  shall  equip  the  same  for 
active  service,  except  furnishing  arms,  the  governor  shall  issue 
a  commission  to  such  pers-on  as  colonel  of  such  regiment;  the 
other  regimental  officers  to  be  elected  in  accordance  with  this 
ordinance. 

11.  In  the  event  of  volunteers  being  called  out  by  compa- 
nies, battalions  or  regiments,  for  active  service,  by  an  officer 
authorized  to  call  out  the  same,  a  commission  to  the  company 
or  regimental  officers  may  be  issued  to  such  officers  by  a 
brigadier  general,  until  commissions  can  be  issued  by  the  gov- 
ernor. 

Which  was  also  received,  and  the  consideration  of  said  ordi- 
nances was  postponed  for  the  present. 

Mr.  Dinsmoi-e  then  renewed  ordinance  No.  18. 

Mr.  Floyd  moved  to  amend  by  filling  up  the  blank  in  the 
fourth  section  by  inserting  after  the  ordaining  clause,  "  3,000 
stand  of  arms  to  be  selected  by  the  brigadier  general  hereafter 
to  be  elected  by  this  convention." 

Mr.  Johnson,  from  a  select  committee,  reported  verbally  that 
said  committee  had  examined  the  arms  at  the  arsenal,  and  that 
there  v^'as  about  4,500  stand  of  small  arms,  and  about  fifteen 
pieces  of  artillery  in  said  arsenal,  with  all  the  accoutrements 
and  munitions  necessary,  and  that  said  committee  recommended 
no  alteration  to  be  made  in  said  arms. 

Which  was  received. 

Mr.  Kennard  then  offered  as  a  substitute  for  the  amendment 

of  Mr.  Floyd,  the  following: 

2,500  stand  of  arms  out  of  such  as  may  be  in  charge  of  the 
stale  authorities,  to  be  selected  by  the  special  committee  here- 
tofore appointed  to  t^xamine  the  arms  in  the  arsenal  at  Little 
Rock,  together  with  all  accoutiements,  munitions,  etc.,  deemed 
necessary  by  said  committee,  and  also  one  complete  battel y 
consisting  of  six  pieces  of  artillerry,  with  all  necessary  accom- 
paniments, be  immediately  placed,  etc. 

Which  was  accepted  by  Mr.  Floyd,  and  adopted. 


THE    COXVENTION.  205 


On  motion  of  Mr.  Desha,  Mr.  Yell  was  added  to  such  select 
co.mmittee. 

On  motion  of  Mr.  Adams  of  Phillips,  leave  of  absence  was 
granted  to  Mr.  Echols  for  the  space  of  six  days. 

Mr.  Ma3'o  proposed  the  following  amend  itient: 

Said  olTicer  to  be  out  ranked  by  any  general  officer  who  may 
be  appointed  by  the  Confederate  States. 

Which  was  accepted. 

Mr.  Robinson  moved  to  amend  by  adding: 

Two  organizations,  one  for  the  north  east  and  one  for  the 
north-west  of  the  state,  both  organizations  to  be  placed  on  the 
same  footing  and  on  the  plan  proposed. 

JMr.   Kennard   moved   to  lay  the  amendment  on  the  table, 

which  motion  prevailed  on  division. 

iMr.  Fishback  oflered  the  following  amendment: 

Provided,  That  this  ordinance  supersede  any  arrangements 
concerning  the  matters  and  things  therein  contained  which 
may  have  been  made  by  the  governor,  and  that  the  governor 
recall  all  arms  distributed  through  the  state  and  not  hereby 
appropriated. 

Mr.  Yell  moved  to  lay  the  amendment  on  the  table. 

Whereupon,  Mr.  Fishback  withdrew  his  amendment. 

JMr.  Adams  of  Phillips  proposed  to  amend  by  adding: 

"  And  one  brigadier  general  for  the  north-eastern  border  of 
this  state,"  and  otherwise  so  as  to  correspond  with  this  addi- 
tion. 

Mr.  Yell  moved  to  lay  the  proposed  amendment  on  the  table, 
which  did  not  prevail. 

jMr.  President  stated  the  question  to  be  on  the  adoption  of 
the  amendment,  which  xvn.s  adopted. 

On  motion  of  Mr.  Dinsmore,  the  blank  in  the  5lh  section 
was  filled  by  inserting  "  twenty  thousand  dollars,  or  ten  thou- 
sand dollars  for  each  brigadier  general." 

Mr.  Gould  moved  to  amend  by  inserting  the  word  "first" 
in  place  of  the  word  "western;"  and  by  adding  the  word.-^, 
"  who  shall  rank  any  militia  officer  of  said  division,"  alter  the 
word  "  state"  in  the  fourth  line. 


Which  was  accepted. 


206  JOURNAL    OF 


The  ordinance  as  amended,  was  then  adopted. 
Mr.  President  laid  before    the  convention  the  following  com- 
munication: 

Executive  Office,     ) 
May  Ihth,  1861.} 

Hon.  David  Walker, 

President  of  the  Slate  Convention: 

Sir:  As  directed  by  he  convention,  the  steamer  Arago 
has  been  brought  from  Pine  Bluff,  and  is  now  moored  at  this 
port  under  guard. 

Upon  examination,  I  find  that  two-thirds  is  ov^^ned  by  Geo. 
P.  Sloane,  her  captain,  the  remainder  by  Benjamin  Johnson. 
In  an  interview  wita  Capt.  Sloane,  he  announced  that  although 
his  family  reside  in  Brownsville,  Pennsylvania,  yet  that  he 
was,  and  has  been,  for  many  years  engaged  in  the  southern 
trade,  and  is  a  southern  man  in  feeling;  that  he  he  intends  to 
bring  his  family  immediately  and  settle  in  St.  Louis. 

The  Arago  is  one  of  the  line  of  boats  built  for,  and  is  run- 
ning in  the  St.  Louis  and  Arkansas  river  trade.  The  other 
owner,  Johnson,  is  a  resident  of  Missouri,  and  Kentuckian  by 
nativity. 

Under  these  circumstances,  I  submit  to  your  body  whether 
it  is  not  pi'oper  that  the  Arago  should  be  released.  Her  entire 
cargo  was  taken  on  at  St.  Louis,  and  is  consigned  to  various 
of  our  own  citizens  at  different  points  on  the  Arkansas,  except, 
say  seventy-five  tons,  produce  owped  by  Capt.  Sloane  individ- 
ually. The  freight  for  our  own  people,  I  have  directed  to  be 
delivered,  and  that  belonging  to  Sloane,  I  submit,  ought  to  be 
released  also,  he  paying  the  expense  incurred  by  the  state  in 
fixing  his  status,  and  giving  him  a  passport  through  our 
Waters. 

Respectfullj^  submitted,  with  request  for  action  as  early  as 
may  be. 

H.  M.  RECTOR, 
Governor  of  Arkansas. 

Which  was  received,  and  on  motion  of  Mr.  Griffith,  the  pre- 
sident was  requested  to  instruct  the  governor  to  permit  the 
steamer  "  Arago,"  to  pass  unconditionaly  and  immediately — 
which  was  accordingly  done. 

Mr.  President,  at  the  same  time,  presented  the  following 
communication  from  the  president  and  directors  of  the  Cairo 
and  Fulton  railroad  company. 


THE    COXVENTION.  207 

Office  Cairo  &  Fulton  R.  R.  Co.,       ) 
Little  Rock,  A?'/c.,  Wednesday  evening',  4  p.  m.     > 

May  8th,  18G1.         ) 

The  board  of  directors  met  pursuant  to  adjournment  of  yes- 
terday, and  was  called  to  order  by  the  chairman. 

Presknt. — Daniel  Ringo,  Vice  President;  Messrs.  Geo.  C. 
Watkins,  Edw.  Cross,  Chas.  B.  Mitchel,  Jas.  L.  Wither^poon, 
H.  C.  Dye,  Geo.  W.  Hughes,  II.  C.  Ashley  and  R.  II.  Johnson, 
Dircclors. 

Mr.  Watkins  submitted  the  following  memoi-ial,  which  was 
unanimously  adopted,  and  on  motion,  it  was  ordered  that  the 
same  be  signed  by  the  directors  and  secretary,  and  that  the 
chairman  of  the  board  of  directors  present  a  copy  of  the  same 
to  the  president  of  the  general  convention,  now  in  session. 

MEMORIAL. 

Office  of  the  Cairo  &  Fulton  R.  R.  Co.,     ) 
Little  Rock,  Ark.,  May  8th,  18G1.  \ 
To  the  Convention: 

Mr.  President  and  Gentlemen — 

The  stockholders  of  the  Cairo  and  Fulton  railroad  company, 
in Arkansas,  represented  by  their  board  of  direc- 
tors, now  in  session  at  Little  Rock,  would  respectfully  represent. 

That  in  the  present  condition  of  our  country,  there  is  no  im- 
mediate hope  or  prospect  of  our  being  able  to  construct  any 
work  of  so  much  magnicude  as  the  Cairo  and  Fulton  railroad, 
nor  under  existing  circumstances,  aiid  in  view  of  events  that 
seem  inevitable,  would  it  be  the  interest  or  policy  of  any  com- 
pany, or  of  the  people  of  Arkansas  to  make  the  efforts  neces- 
sary to  carry  on  the  enterprise. 

The  company  has  an  undisputed  title  to  1,111,343  GS-lOO 
acres  of  land,  granted  for  the  purpose  ol  constructing  the  i-oad. 

We  believe,  if  judiciously  managed  and  sold,  said  lands  can 
be  made  to  yield  several  millions  of  dollars. 

The  company  owe  for  expense  of  perfecting  their  land  grant, 
cost  of  an  artistic  ^nd  accurate  survej'  and  location  of  the  line 
of  road,  for  salaries  of  officers  and  other  incidental  expenses, 
for  grading  and  other  work  done,  for  money  borrowed  and  lor 
instalments  paid  in  on  stock  subscriptions  by  individuals  and 
counties,  not  exceeding  one  hundred  and  seventy-live  thousand 
dollars. 

We  believe  that  it  is  important  to  the  welfare,  prospects  and 
strength  of  Arkansas  that  these  lands  should  be  offered  for  sale, 
so  as  to  pass  into  private  hands  to  actual  settlers,  to  furnish 
homes  to  those  who  may  be  called  upon  to  aid  in  the  defence 
of  our  country. 

We  are  convinced  that  the  State  of  Arkansas  does  and  will 


208  JOURNAL    OF 


need  all  the  avails  and  proceeds  of  these  lands,  as  well  as 
every  other  available  source  of  revenue  in  providing  for  the 
defence  and  general  welfare  of  the  commonwealth. 

At  the  same  time  it  wonld  be  just  and  equitable,  that  the 
company  shovild  be  placed  in  a  condition  to  pay  iis  liabilities 
contracted  in  good  faith,  and  reimburse  to  those  counties  and 
individuals  the  monej^s  they  have  advanced  in  a  liberal  and 
public  spirit,  and  with  the  hope  of  constructing  the'  road. 

We  propose  to  your  honorable  body  to  relinquish  to  the  state 
all  of  said  land  to  be  disposed  of  in  such  manner  as  the  coa- 
vention  may  direct,  so  as  to  constitute  a  separate  fund,  and 
upon  the  sole  condition,  that  out  of  the  first  proceeds  of  the 
lands  sold,  the  obligations  of  the  company,  including  cash  paid 
in  on  stock  subscriptions  and  amounting  as  above  stated  to  not 
exceeding  one  hundred  and  seventy-five  thousand  dollars,  shall 
be  paid  olF  and  discharged. 

We  are  fully  persuaded  that  after  doing  so,  the  state  can 
realize  over  two  millions  of  dollars  from  the  sale  of  the  lands. 

We  make  this  proposition  with  feelings  of  profound  sorrow, 
that  there  should  be  any  occasion  for  so  great  a  sacrifice  of  a 
cherished  enterprise,  and  we  trust  your  honorable  body  will 
appreciate  the  patriotic  spirit  by  which  we  are  actuated. 

It  may  be  your  pleasure  to  declare  the  proceeds  arising  from 
the  sale  of  these  lands  a  trust  fund,  to  be  held,  accounted  for, 
and  appropriated  by  the  state,  to  the  same  or  some  kindred 
work  of  internal  improvement  whenever  more  auspicious  times 
may  indicate  the  propriety  of  such  a  course. 

Should  this  proposition  be  favorably  entertained,  we  request 
a  committee  of  conference  to  verily  the  details  and  accuracy 
of  our  statements,  of  which  your  honorable  body  may  desire  to 
be  entirely  satisfied. 

We  have  the  honor  to  be,  very  respectfully, 

CHAS.  B.  MITCHEL, 
HENRY  C.  ASHLEY, 
GEO.  C.  WATKINS, 

EDW.  CROSS,  Sr. 
iJANIEL  RINGO, 
HENRY  C.  DYE, 
.JAS.  L.  WITHERSPOON, 
GEORGE  W.  HUGHES, 
RICHARD  H.  JOHNSON. 

Attest: 

F.   A.  Starring,  Scchj. 

Which,  on  motion  of  JMr.  Thomason,  was  laid  on  the  table 
for  the  time  being. 

On  motion  of  Mr.  Floyd,  the  convention  then  proceeded  to 


THE    CONVENTION.  209 

the  election  of  the  two  brigadier  generals,  provided  for  in  the 
ordinance  adopted  this  morning. 

Nominations  being  in  order  for  such  officer  for  the  1st  divis- 
ion, Mr.  Dinsmore  nominated  Mr.  N.  B.  Pearce. 

There  being   no   other  nominations,  Mv.   Pearce  was  duly" 
elected  by  acclamation. 

Mr.  Adams,  of  Phillips,  nominated  Mr.  Thomas  H.  Bradley, 
for  the  second  division — who  was  also  duly  elected  by  acclama- 
tion. 

Mr.  Hanly,  from  the  committee  on  the  judiciary,  made  the 
following 

REPORT : 

Mr.  President — 

The  committee  on  the  judiciar}'^,  to  whom  was  referred 
the  accompanying  ordinance  A'o.  \'2,  have  instructed  me  to 
report  that  they  have  had  the  same  under  consideration,  and 
recommend  the  convention  to  pass  the  ordinance  herewith  ten- 
dered as  a  substitute. 

All  of  which  is  respectfully  submitted. 

tIANLY,  Chairman. 

ORDINANCE  NO.  24. 

An  Ordinanxe  to  authorize  the  levying  a  tax  for  Military  and 

otiicr  purposes. 

Section  1.  Be,  it  ordained  hi/  the  people  nf  the  State  of  Arkan- 
sas in  Convention  assembled,  That  the  county  court  of  any 
county  in  this  state  may  levy  and  collect  a  tax  on  all  objects  of 
taxation  for  state  purposes,  for  a  military  defence,  and  such 
other  purposes  as  they  may  deem  necessary  for  the  protection 
of  their  respective  counties;  Piovidcd,  That  said  tax  so  assessed 
shall  not,  in  any  one  year,  exceed  one  fourtii  of  one  per  centum 
on  the  assessed  value  of  said  propert}',  and  that  such  county 
courts  may  appropriate  the  internal  improvement  fund,  and  all 
other  funds  of  their  respective  counties,  except  the  school  fund,  for 
the  purposes  aforesaid. 

Sec.  2.  Beit  further  ordained,  That,  when  any  county  court 
shall  deem  it  expedient  to  levy  any  tax  or  appropriate  any 
county  fund  for  the  purposes  aloresaid,  it  shall  be  the  duty  of 
such  county  court,  or  the  judge  thereof,  to  direct  the  sheriff  to 
notify  each  justice,  in  writing,  by  personal  service,  or  by  leav- 
ing a  copy  of  such  notice  at  the  usual  place  of  abode  of  such 
justice,  that  such  tax  will  be  levied  and  appropriation  made  at 
the  next  term  of  said  court,  and  if  such  justices  do  not  attend, 
14 


210  JOURNAL    OF 


then  the  justices  that  do  attend  may,  by  a  vote  of  the  majority, 
levy  such  tax  and  make  such  appropriations  as  aforesaid. 

Sec.  3.  Be  it  further  ordained,  That  this  ^dinance  be  subject 
to  repeal  either  in  whole,  or  in  part,  by  legislative  enactment. 

Which  was  read  and  the  report  received. 

Mr.  Carrigan  moved  to  amend  by  saying,  "  that  it  shall  re- 
quire a  majority  of  the  justices  of  the  county  to  be  present 
when  such  tax  is  levied." 

On  motion  of  Mr.  Gould,  the  amendment  was  laid  on  the 
table. 

The  question  was  then  stated  to  be  on  the  adoption  of  the 
ordinance,  which  was  adopted. 

Mr.  Flanagin  moved  that  the  injunction  of  secrecy  be  re- 
moved from  all  business  heretofore  transacted,  except  as  to 
Ordinance  No.  15,  entitled  "  an  ordinance  to  prevent  giving  aid 
and  comfort  to  the  enemy." 

Which  motion  did  not  prevail. 

Mr.  Fishback  moved  to  adjourn  until  Monday  morning  9 
o'clock.  * 

Which  was  lost.  >. 

On  motion  of  Mr.  Stillwell,  secrecy  as  to  the  elections  of 
brigadier  generals,  was  removed. 

On  motion  of  Mr.  Baber,  the  Convention  took  a  recess 
until  3^  o'clock,  p.  m. 


3|-  o'clock,  p.  m. 
Convention  met. 
Roll  called. 


present: 


Messrs.  Adams  of  Phillips,  Baber,  Batson,  Bolinger,  Bush, 
Bussey,  Carrigan,  Clingman,  Crenshaw,  Cryer,  Cochran,  Dins- 
more,  Dollarhide,Flanagin,  Floyd,  Fuller,  Garland  of  Hemp- 
stead,  Gould,   Grace,   Griffith,    Hanly,    Hawkins   of  Ashley, 


THE    CONVENTION.  21 L 

Hawkins  of  Sevier,  Hill,  Hilliard,  Hobson,  Kclley,  Lanier, 
Mansfield,  Mayo,  Marphy,  Parks,  Patterson  of  Jackson,  Ray, 
Rhodes,  Robinson,  Slemons,  Smoote,  Spivey,  Stallings,  Still- 
well,  Stirman,  Stout,  Tatum,  Totten  of  Arkansas,  Totten  of 
Prairie,  Turner,  Walker,  Wallace,  and   Mr.   President — 50. 

Mr.   Griffith,  from  the  committee  on  enrollments,  made  the 
following 

REPORT: 

Mr.  President — 

The  committee  on  enrollments  would  respectfully 
report  that  they  have,  on  this  day,  compared  the  enrolled  copies 
with  the  original  of  an  ordinance  entitled,  an  ordinance  to 
adopt  the  provisional  consiituliou  of  Ike  Confederate  States  of 
America,  and  find  the  same  correct. 

SAMUEL  L.  GRIFFITH, 

Chai7'?}ian. 
W^hich  was  received. 

Leave  of  absence  was  granted  to  Mr.   Fort,  on  account  of 
indisposition.  . 

Mr.  Hanly  introduced  the  following: 

ORDINANCE  No.  24, 

Entitled  an  ordinance  approprialijis;'  the  domain,  public  lands  and 
other  property  which  belonged  to  the  governm,ent  of  the  United 
Stales,  in  this  state,  on  the  Glh  day  of  May,  A.  D.  18G1,  and 
for  other  purposes. 

1.  JBe  it  ordained  bij  the  people  of  the  State  of  Arkansas  in  con- 
vention assembled.  That  the  domain,  public  lands  and  other  pro- 
perty which  belonged  to,  and  vested  in  the  government  of  the 
United  States,  situate  in  this  state,  on  the  Gth  day  of  May,  A. 
D.  1801,  be,  and  the  same  are  hereby  appropriated  to  the  State 
of  Arkansas,  as  the  domain,  public  lands  and  property  of  said 
state,  to  be  hereafter  disposed  of,  applied  and  appropriated  as 
the  other  domain,  public  lands  and  property  of  this  state, 
hereby  declaring  that  all  the  rights  title  and  claim  which  hereto- 
fore vested  in  the  said  government  of  the  United  States  of,  in 
and  to  said  domain,  public  lands  and  other  property,  now  vests 
in  and  belong  to  the  State  of  Arkansas,  subject  to  be  disposed 
of,  as  may  be  hereafter  provided,  by  this  convention  or  the 
General  Assembly  of  this  state,  saving,  however,  those  who 
may  have  acquired  any  rights  under  the  laws  heretofore  exist- 
ing. 


212  JOURNAL    OF 


2.  Be  it  further  ordained,  That  the  deputies  or  delegates  who 
who  have  heretofore  been  elected  by  this  convention,  to  the 
provisional  congress  of  Confederate  States  of  America,  be  and 
they  are  hereby  instructed  and  commissioned,  and  for  that  pur- 
pose, they  are  hereby  clothed  with  full  power  and  authority,  to 

•cede,  convey  or  transfer  to  the  government  of  the  Confederate 
States  of  America,  the  following  grounds,  lands,  and  property, 
situate  in  the  State  of  Arkansas,  for  the  use  and  benefit  of  said 
Confederate  States  of  America,  that  is  to  say:  twenty  acres, 
including  the  buildings,  grounds  and  lands  attached  and  be- 
longing to  the  fort  known  as  Fort  Smith,  in  Sebastian  county, 
and  all  the  houses,  building  and  appurtenances  thereon  situate; 
also  the  grounds  and  lands  attached  and  belonging  to  the  arse- 
nal, situate  in  the  city  of  Little  Rock,  and  all  the  houses,  build- 
ings and  appurtenances  thereon  situate;  and  also  the  grounds 
and  lands  attached  and  belonging  to  the  hospital,  in  the  city  of 
Napoleon,  in  Desha  county,  and  all  the  houses,  buildings  and 
appurtenances  thereon  situate;  Provided,  however,  That  said 
fort,  arsenal  and  hospital  shall  be  considered  necessary  or  use- 
ful for  national  purposes;  And  'provided  also,  That  said  govern- 
ment of  the  Confederate  States  of  America  shall  receive  and 
admit  this  state  into  the  government  of  the  Confederate  States 
upon  the  same  terms  that  all  the  other  states  have  been  received 
into  said  confederacy,  and  with  all  the  powers,  privileges  and 
immunities  belonging  and  pertaining  to  the  same  and  each  of 
them;  And  "provided  also,  That  the  said  fort,  arsenal  and  hos- 
pital shall  be  continued  to  be  used  for  public  purposes  and 
national  obiects;  And  provided  also,  That  the  said  government 
of  the  Confederate  Slates  of  America  shall  forever,  and  at  all 
times  receive  into  the  said  arsenal,  and  safely  keep  any  and  all 
state  arms  which  may  be  there  deposited,  free  of  cost  and 
expense  to  the  state,  and  shall  also  receive  and  store  into  the 
magazine  attached  to  said  arsenal,  any  and  all  powder  and 
munitions  of  war  tendered  for  that  purpose  by  this  state  with- 
out cost  or  expense. 

3.  Be  it  jurlher  ordained.  That  the  deputies  or  delegates 
aforesaid  be,  and  they  are  hereby  limited  and  restricted  in  their 
powers  as  such  deputies  or  delegates  as  far  as  may  pertain  to 
the  power  of  cession  in  the  name  of  this  state,  to  the  power  of 
making  cession  of  the  above  and  before  herein  described 
grounds,  lands  and  property,  and  none  other  M'hatever,  and  the 
power  hereby  conferred  upon  said  deputies  or  delegates  is  con- 
fided to  them  to  be  exercised  or  not  in  ther  discretion. 

4.  Be  it  further  ordained,  That  if  the  deputies  or  delegates 
aforesaid  shall  think  it  expedient  or  proper,  to  cede  to  the  gov- 
ernment of  the  Confederate  States  of'America  the  grounds, 
lands  and  property  aforesaid,  and  the  same  are  accepted  by  the 
said  Confederate  States,  then,  and  in  that  event,  the  said  gov- 


THE    COXVEXTIOX.  213 

eminent  of  the  Confederate  States  of  America  shall  exercise 
the  same  jurisdiction  over  the  said  grounds,  lands  and  property 
so  to  be  ceded,  that  the  government  of  the  United  States  of 
America  had  and  held  over  the  same  under  the  acts  of  Congress 
of  the  United  States  and  those  of  the  General  Assembly  of  this 
state. 

Mr.  Adams,  of  Phillips,  moved  to  amend  by  striking  out  the 
1st  section  of  the  ordinance;  which  motion  did  not  prevail,  and 

On  motion  of  Mr.  Baber,  the  ordinance  was  adopted,  and 
the  secretary  was  instructed  to  furnish  the  deputies  to  the  Con- 
federate States  with  a  copy. 

Mr.  Patterson,  of  Jackson,  introduced 

ORDINANCE  No.  25, 

Entitled  an  ordinance  to  suspend  the  public  srde  of  the  sv:amp 
lands  in  the  Batcsvillc  district,  and  for  other  purposes. 

Which  was  read;  and  on  his  motion,  referred  to  the  commit- 
tee on  landed  interests. 

Mr.  Patterson,  of  Jackson,  moved  that  his  excellency,  the 
governor,  be  allowed  a  seat  within  the  bar  of  the  convention 
during  its  secret  sessions. 

Mr.  Grace  moved  to  amend  by  rescinding  the  action  of  the 
convention  heretofore  had  in  regard  to  secresy;  which  amend- 
ment was  accepted. 

Mr.  Smoote  moved  to  strike  out  the  amendment  ollcred  by 
Mr.  Grace. 

Mr.  Cypert  moved  to  postpone  the  question  indefinitely; 
which  was  lost  on  division. 

Mr.  Fuller  moved  to  lay  the  motion  of  Mr.  Smoote  on  the 
table;  whereupon,  Mr.  Grace,  by  leave,  withdrew  his  amend- 
ment, and  JMr.  Patterson's  m/otion  was  adopted. 

Mr.  Floyd  ofTered  the  foJIt^wing 

SOLUTION: 

Resolved,  That  Tj  nduct  the  proceedings  of  this  conven- 
tion with  open  c'^-  ,  unless  at  any  time  the  public  interest 
shall  require  clos'     ^oors. 

Mr.  Smoote  r^^vcd  to  lay  the  resolution  on  the  table. 

On  which  motion  Mr.  Floyd  called  for  the  yeas  and  nays, 


214  JOURNAL    OF 


which  being  sustained,  was  ordered  and  had  with  the  following 
result: 

Yeas — Messrs.  Adams  of  Izard,  Austin,  Bush,  Carrigan, 
Gunter,  Kelley,  Mayo,  Smoote  and  Stillwell — 9. 

Nays — Messrs.  Adams  of  Phillips,  Baber,  Batson,  Bolinger, 
Bradley,  Bussey,  Campbell,  Clingman,  Crenshaw,  Cryer,  Cypert, 
Cochran,  Desha,  Dodson,  Dollarhide,  Flanagin,  Floyd,  Fuller, 
Garland  of  Hempstead,  Gould,  Grace,  Griffith,  Hanly,  Haw- 
kins of  Ashley,  Hawkins  of  Sevier,  Hiil.  Hilliard,  Hobbs,  Hob- 
son,  Johnson,  Lanier,  Mansfield,  Murphy,  Parks,  Patterson  of 
Jackson,  Ray,  Rhodes,  Robinson,  Shelton,  Siemens,  Smith, 
Spivey,  Stallings,  Stout,  Tatum,  Thomason,  Totten  of  Arkan-' 
sas,  Totten  of  Prairie,  Turner,  Walker,  Wallace,  Yell  and  Mr. 
President — 54. 

So  the  resolution  was  not  laid  upon  the  table. 

When  the  name  of  Mr.  Smoote  was  called,  he  stated  that  he 
voted  in  the  affirmative  onl}'  because  he  believed  the  public 
interest  required  the  convention  to  sit  with  closed  doors. 

On  motion  of  jMr.  Floyd,  the  resolution  was  adopted. 

Mr.  Clingman  introduced  the  following:    . 

ORDINANCE  No.  26. 

Be  it,  and  it  is,  hcrebj/  urdanicd  by  the  people  of  the  State  of 
Arkansas  in  convention  asscmhled,  That  the  several  registers 
and  receivers  in  the  land  offices  in  this  state,  are  hereby  ordered 
to  return  no  papers  or  patents  to^the  general  land  office  of  the 
LTnited  States,  and  that  they  continue  to  give  to  citizens  their 
patents  according  to  law  and  custom,  so  long  as  such  law  or 
laws  ai-c  in  force,  and  further,  that  this  be  in  lorce  and  take 
efiect  from  and  after  its  passage. 

And  be  it  further  ordained,  That  the  president  of  this  conven- 
tion give  notice  to  such  officers,  by  publication  in  one  public 
journal,  in  this  state,  a  copy  of  w'lich  sUill  be  sent  to  each  such 
officer. 

Mr.  Garland,  of  Hempstead,  mo  mend  by  adding  the 

following  as  an  additional  section: 

Be  it  further  ordained,  That  in  al!  o  where  swamp  and 

overflowed  lands  have  been  confirmed,  L,  ot  patented  to  the 
state  by  the  United  States,  prior  to  the  pasW  /iof  the  ordinance 
of  separation,  it  shall  be  the  duty  of  the  governor  lo  execute 
deeds  to  the  purchasers  thereof,  their  heii-s  or  assignees,  as  pro- 


THE    CONVENTION.  215 

vided  by  existing  laws,  and  such  deeds  shall  vest  in  the  pur- 
chasers, their  heirs  and  assignees,  the  fee  simple  title  to  said 
lands  as  freely  as  if  the  same  had  been  patented  to  the  state; 
Provided,  That  anything  contained  in  this  ordinance  shall  not 
effect  or  interfere  with  the  rights  of  individuals  contesting  their 
claims  to  any  such  lands. 

Mr.  Hanly  introduced 

ORDINANCE  No.  27, 

Eiitilhd  an  ordinance  concerning  the,  arcJiivcs  of  the  late  United 
States  surveyor's  office  of  State  of  Arkansas. 

Be  it  ordained  by  the  yenplc  of  Arkansas  in  convention  assem- 
bled, That  all  the  archives  of  the  late  surveyor  general's  office 
of  Arkansas,  now  in  possession  of  the  register  of  the  United 
States  land  office,  at  Little  Rock,  be  received  by  and  placed  in 
custody  of  the  secretary  of  slate,  and  that  he  provide  a  suita- 
ble room,  in  the  state  capitol  buildings,  for  the  preservation  and 
safe-keeping  of  the  same. 

Be  it  fiu-thcr  ordained.  That  the  secretary  of  state  shall  be 
responsible  for  the  safe-keeping  of  said  archives  for  the  state, 
and  whenever  requested,  shall  furnish,  or  cause  to  be  furnished, 
certified'  copies  of  any  of  them  to  any  state  officer,  or  other 
person,  requesting  the  same,  upon  payment  of  the  customary 
fees  therefor,  which  certified  copies  shall  be  received  as  evidence 
in  all  the  courts  of  this  state. 

Be  it  further  ordained,  That  this  ordinance  is  subject  to  be 
repealed  by  the  legislative  authorities  of  the  State  of  Arkansas, 
and  the  keeping  and  disposition  of  said  archives  are  hereby 
declared  subject  to  future  legislative  action  of  said  state. 

Which,  on  motion  of  Mr.  Hanly,  together  with  the  ordinance 
of  Mr.  Clingman  and  amendment  of  Mr.  Garland,  were  re- 
ferred to  the  committee  on  landed  interests. 

Mr.  Carrigan  introduced 

ORDINANCE  No.  28. 

Ax  Ordinance  to  be  entitled  an  ordinance  supplementary  to  an 
ordinance  as  insti  nations  to  the  deputies  or  commissioners  to  the 
Confederate  Stales  of  America  from  the  State  of  Arkansas. 

Beit  ordained  by  the  people  of  the  State  of  Arkansas,  in  con- 
vention assembled.  That  the  commissioners  or  deputies  of  the 
State  of  Arkansas  be,  and  they  are,  hereby  instructed  to  insist 
that,  before  they  agree  to  cede  any  lands,  buildings  or  fortifi- 
cations mentioned  in  the  ordinance  to  which  this  is  a  supple- 
ment, the  government  of   the    Confederate  States  reimburse 


216  JOURNAL    OF 


this  state  in  all  sums  of  money  expended  in   obtaining  posses- 
sion of  such  lands,  builings  and  fortili cations. 

Which,  upon  motion  of  Mr.  Hanly,  was  laid  u^on  thd  table. 
On   motion  of  Mr.   Hanly,    the  covention    adjourned  until 
Monday  morning,  9  o'clock. 

DAVID  WALKER, 

Prcsidtnt. 


Monday,  May   13///,  1861. 
Convention  met  pursuant  to  adjournment. 
Roll  called. 

present: 

Messrs.  Bolinger,  Bush,  Bussey,  Campbell,  Carrigan,  Cren- 
shaw, Cryer,  Cypert,  Cochran,  Dinsmore,  Dodson,  Dollarhide, 
Fishback,  Flanagin,  Floyd,  Fort,  Fuller,  Garland  of  Hempstead, 
Gould,  Griffith,  Gunter,  Hanly,  Hawkins  of  Ashley,  Hawkins 
of  Sevier,  Hill,  Hilliard,  Hobbs,  Hobson,  Kelley,  Kennard, 
Lanier,  Mansfield,  Mayo,  Murphj',  Parks,  Patterson  of  Jack- 
son, Patterson  of  Van  Buren,  Ray,  Rhodes,  Robinson,  Shelton, 
Slemons,  Smith,  Smoote,  Spivey,  Stallings,  Stillwell,  Stirman, 
Stout,  Totten  of  Arkansas,  Totten  of  Prairie,  Turner,  Walker, 
Wallace  and  Mr.  President — 60. 

The  journal  of  Friday  and  Saturday  was  read,  approved  and 
signed. 

Mr.  Johnson  appeared  and  asked  leave  of  absence  for  the 
members  of  a  special  committee  to  select  arms;  which  was 
granted. 

Mr.  President  laid  before  the  convention  the  resignations  of 
Messrs.  Thomason,  Garland  of  Pulaski,  Watkins  and  Bradley, 
delegates  to  this  convention;  which  were  received  and  accepted, 


THE    CONVENTION.  217 

and  ]Mr.  President  was  requested  to  issue  writs  of  election  to  the 
sheriff  of  the  several  counties  to  fill  the  vacancies  thus  occa- 
sioned. 

Mr.  President  then  laid  before  the  convention  the  following 

COiAIMUNICATlON: 

Little  Rock,  May  Gth,  1861. 

Hon.  David  Walker,  President 

of  the  Convention  of  tlie  Stale  of  Arkansas: 

Sir — My  duties  having  terminated  as  clerk  of  the  dis- 
trict court  of  the  United  States  in  and  for  the  western  district 
of  Arkansas,  and  the  State  of  Arkansas,  having  di-'solved  her 
connection  with  the  government  of  the  United  States,  the 
records  and  papers  of  said  court,  now  being  in  my  custody,  I 
herewith  tender  the  same  to  your  honorable  body,  and  ask  for 
instructions  as  to  their  disposition,  with  the  furniture  to  said 
office  belonging. 

Very  respectfully,  your  ob't  serv't, 

JOHN  B.  OGDEN,  Clerk. 

Which  was  read,  and  Mr.  Turner,  on  leave,  introduced  the 
following 

ORDINANCE  No.  29. 

An  Ordixance  in  relation  to  the  records  oj  the  late  district  court 
of  the  United  States  for  the  western  district  of  Arkansas. 

Be  it  ordained  by  the  people  of  the  Stale  of  AaJcansas  in  con- 
vention assembled,  That  the  records,  papers,  files  and  every 
thing  pertaining  to  the  ofiice  of  the  late  clerk  of  the  district 
court  of  the  United  States  for  the  western  district  of  Arkansas, 
lately  seized  by  order  of  Brigadier  General  Burrow,  be,  and 
the  same  are,  hereby  ordered  to  be  dehvered  into  the  care  and 
custody  of  John  B.  Ogden,  esq.,  late  clerk  of  said  district  court, 
subject  to  the  further  order  of  this  convention. 

Which  was  read. 

Mr.  Grace  moved  to  amend  so  as  to  make  the  provisions  of 
the  ordinance  extend  to  giving  the  custody  of  the  books,  papers, 
etc.,  of  the  district  court  of  the  eastern  district,  to  the  clerk  of 
said  court. 

Which  was  accepted,  and  the  ordinance  as  amended  was 
adopted. 


218  JOURNAL    OP 


Mr.  Totten  of  Arkansas,  on  leave,  introduced 

ORDINANCE  No.  30. 

An  Ordinance    to  create  a  military  corps    for  active  service  for 
the  State   of  Arkansas. 

Be  it  ordained  by  the  people  of  the  State  of  Arkansas  in  conven- 
tion assembled,  That  there  shall  be  established  an  efficient  mili- 
tary corps  of  the  State  of  Arkansas  for  war  and  active  service, 
which  corps  shall  recognize  the  governor  as  commander-in- 
chief,  and  be  under  the  control  of  one  major  general'and  two 
brigadier  generals,  to  be  elected  by  this  convention,  and  com- 
missioned by  the  governor,  who  shall  hold  their  offices  during 
good  behavior,  or  until  they  are  found  incompetent.  The  major 
general  shall  rank  above  all  military  officers  of  the  state,  and 
shall  have  power,  when  necessary,  to  control  them  and  even 
bring  them  into  actual  service  of  the  state.  The  major  gene- 
ral shall  have  for  his  staff  one  adjutant  general,  who  shall  rank 
as  brigadier  general,  one  quartermaster  general,  one  commis- 
sary general,  one  judge  advocate,  one  surgeon  general,  and 
such  aids-de-camp  during  actual  service  as  he  may  see  proper 
to  appoint,  all  of  whom  shall  rank  as  lieutenant  colonels  of 
cavalry. 

,  of  the  county  of  ,  be,  and  he  is,  here- 

by elected  major  general  of  the  active  volunteer  and  war  force 
of  the  State  of  Arkansas. 

The  state  shall  remain  divided  as  it  is  now  by  law  divided, 
into  two  divisions,  first  and  second  divisions.  There  shall  be 
one  brigadier  general  elected  for  each  of  said  divisions,  who 
shall  have  command  of  said  divisions,  under  the  direction  of 
the  major  general  as  aforesaid.  They  shall  rank  above  and 
have  control,  when  necessary,  of  all  the  brigadier  generals  in 
their  respective  divisions.  They  shall  have  power  to  appoint 
%uch  staff  as  the  major  general,  except  each  shall  appoint  but 
two  aids-de-camp,  who  shall  rank  as  majors  of  infantry. 

Pearce,  of  the  county  of  Benton,  is  hereby  elected 

brigadier  general  of  the  first  division,  and  Thomas  H.  Bradley, 
of  the  county  of  Crittenden,  is  hereby  elected  brigadier  gene- 
ral of  the  second  division  of  the  active  volunteer  and  war  force 
in  and  for  the  State  of  Arkansas. 

The  major  general,  by  the  consent  of  the  military  board, 
shall  have  power  to  call  into  actual  service  for  the  orotection 
and  defence  of  the  state,  and  any  service  for  the  protection  of 
the  government  of  the  Confederate  States,  by  calling  for  volun- 
teers by  companies  and  by  regiments,  and  to  draft  such  number 
.of  the  militia  into  actual  service  as  may  be  deemed  actually 
necessary  for  the  purposes  aforesaid.     And  in  case  of  "  insur- 


THE    CONVENTION.  219 

rection  or  invasion,"  to  call  all  the  militia  officers  with  their 
commands  into  actual  service. 

Each  regiment  of  militia  or  drafted  infantry  called  into  ser- 
vice as  aforesaid,  shall  have  one  colonel,  one  li(  utenant  colonel 
and  one  major.  The  colonel  shall  have  power  to  appoint  one 
adjutant,  one  sergeant  major,  one  quartermaster,  one  commis- 
sary, one  surgeon  and  one  drum  and  one  fife  major. 

The  colonels,  lieutenant  colonels  and  majors,  shall  be  elected 
by  the  commissioned  officers  of  the  several  companies,  at  such 
time  and  place  and  manner  as  the  brigadier  general  of  the 
respective  division  shall  designate,  and  the  persons  so  appointed 
fchall  certily  the  result  of  said  election  to  the  brigadier  general. 
And  said  brigadier  general  shall  immediately  certify  the  result 
o(  said  elections  to  the  governor,  who  shall  commission  the 
same.  A  regiment  for  active  service. shall  consist  of  not  less 
than  six  nor  more  than  ten  companies.  A  battalion,  of  not 
less  than  three  nor  more  than  five  companies.  Each  volunteer 
or  drafted  company  snalt  consist  of  not  less  than  sixty-four  and 
not  more  than  ninety-six  men.  They  shall  have  one  captain, 
one  first  and  one  second  lieutenant;  said  officers  shall  be  elected 
by  the  privates  as  now  prescribed  by  law.  The  captain  shall 
appoint  such  number  of  under  officers  as  shall  be  necessary  to 
the  company. 

Any  volunteer  cavalry  regiment  shall  have  the  same  number 
of  companies  and  the  same  officers  elected  as  aforesaid,  and 
the  elections  to  be  held  and  certified  and  commissions  issued 
as  aforesaid. 

Each  artillery  regiment  shall  consist  of  companies  and  bat- 
talions, and  the  ofiicers  be  elected  as  aforesaid.  They  shall 
have  one  colonel,  one  lieutenant  colonel,  and  one  major.  The 
colonel  shall  be  chief  of  engineers  and  artillery,  and  the  major 
chief  of  ordnance.  The  colonel  shall  have  like  staff  as  the 
colonel  of  infantry.  All  of  the  aforesaid  officers  and  privates 
phall,  during  the  war,  or  when  engaged  in  actual  service, 
receive  the  same  pay  and  emoluments  as  officers  of  the  same 
rank  receive  in  the  United  States  service,  and  when  this  state 
is  attached  to  the  Confederate  States,  they  shall  receive  the 
same  pay  as  the  officers  of  the  same  rank  receive  in  the  Con- 
federate States,  and  the  privates  be  paid  at  the  rates  and  by 
the  law  aforesaid. 

The  major  general,  by  consent  of  the  military  board,  shall 
liave  power  to  dispense  with  the  services  of  any  inlerior  offi- 
cers— to  call  one  or  more  artillery  companies  into  service,  to 
call  one  or  more  cavalry  companies  into  service — or  any  num- 
ber of  men  or  companies  that  may  be  absolutely  necessaiy, 
and  dispense  with  others  wherever  it  may  become  necessary 
to  sa/e  expense;  and  to  require  all  officers,  commissaries,  quar- 
termasters and  paymasters,  to  report  to  him  at  least  once  a 


220  JOURXAL    OF 


morrth.  And  he  shall  keep  a  book  of  all  the  returns  and  re- 
ports so  made,  subject  to  inspection  at  any  time  by  the  military 
board.  He  shall  also  have  power  to  appoint  one  chief  engi- 
neer in  each  division,  with  the  rank  of  colonel  of  infantry,  if 
it  should  become  necessary. 

The  major  general  shall  be  tried  before  the  military  board 
for  any  olience  or  incompetency — the  board  having  the  right 
to  summon  to  their  aid  any  number  of  commissioned  officers 
not  less  than  five. 

The  brigadier  generals  shall  be  court  martialed  for  disobedi- 
ence or  insubordination,  in  the  same  manner  in  all  things, 
except  the  major  general  shall  be  one  of  the  members  of  said 
court.  Erom  the  judgment  of  said  board  and  court  martial 
there  shall  be  no  appeal. 

The  court  martials  aforesaid,  and  the  court  martials  for  all 
inferior  officers  and  privates,  shall  be  governed  by  the  rules 
and  articles  of  war  and  laws  of  the  United  States,  and  the  rules 
and  articles  of  war  tind  laws  of  the  Confederate  States,  when 
this  state  becomes  one  of  its  members,  except  where  they  come 
in  conflict  with  this  ordinance. 

All  volunteers  now  in  service  shall  be  deemed  as  enlisted  for 
one  year  from  the  day  they  entered  the  service,  and  they  are 
hereby  enlisted  for  that  time.  All  persons  to  be  hereafter  en- 
listed or  drafted,  shall  be  enlisted  or  drafted  for  the  period  of 
two  years,  should  the  war  so  long  continue,  from  the  day  they 
are  mustered  into  service. 

All  the  laws  of  the  United  States  and  the  constitution  and 
laws  of  the  State  of  Ai'kansas,  not  in  conflict  w^ith  this  ordi- 
nance, are  hereby  declared  to  be  in  full  force  in  this  state,  but 
all  the  laws  of  the  United  States  and  the  constitution  and  laws 
of  this  state  in  conflict  with  this  ordinance  are  hereby  made 
null  and  void  in  the  State  of  Arkansas. 

Be  it  ordained,  That  this  ordinance  take  effect  and  be  in 
force  from  and  after  its  passage. 

100  copies  of  which  ordinance  were  ordered  to  be  printed 
for  the  use  of  the  convention. 

Mr.  Murphy  offered  the  following 

RESOLUTION: 

Resnlvcd,  That  the  appointment  of  brigadier  generals  for 
he  1st  and  2d  divisions  of  Arkansas  militia  by  the  convention, 
was  not  intended  to  supercede  the  major  generals  of  said  divi- 
sions, or  to  effect  their  rank. 

Mr.  Totten  of  Arkansas,  was  called  to  the  chair. 

The  question  being  stated  on  the  adoption  of  the  resolution, 


THE    CONVENTION.  221 


Mr.  Ray  called  for  the  j'cas  and  naj-s,  which  call  was  sus- 
tainen,  ordered  and  had  with  the  following  result: 

Yeas — Messrs.  Austin,  Bussey,  Dollarhide,  Hawkins  of  Sevier, 
Hobson,  Ray,  Stallings,  Tatum  and  Yell — 9. 

Nays — ^Messrs.  Adams  of  Phillips,  Batson,  Bolinger,  Bush, 
Campbell,  Carrigan,  Crenshaw,  Cypert,  Cochran,  Dinsmore, 
Dodson,  Fishback,  Flanagin,  Floyd,  Fort,  Fuller,  Garland  of 
Hempstead,  Gould,  Griffith,  Hanly,  Hawkins  of  Ashley,  Hill, 
HiJliard,  Hobbs,  Kelley,  Kennard,  Lanier,  Mansfield,  Murphy, 
Parks,  Patterson  of  Jackson,  Patterson  of  Van  Buren,  Rhodes, 
Robinson,  Shelton,  Slemons,  Smith,  Smoote,  Spivey,  Stillwell, 
Stirman,  Stout,  Totten  of  Arkansas,  Totten  of  Prairie,  Turner, 
Walker,  Wallace  and  Mr.  President — 48. 

So  the  resolution  was  not  adopted. 

JMr.  Clingman  and  Mr.  Mayo  were  excused  from  voting. 

Mr.  Smoote,  on  leave,  presented  the  following 

RESOLUTION: 

Resolved,  That  the  committee  on  judiciary  be  required  to 
inquire  into  the  propriety  of  securing  the  payment  of  debts 
due  from  the  government  of  the  United  States  previous  to  the 
Gth  day  of  May,  A.  D.  18G1,  to  citizens  of  the  State  of  Arkan- 
sas, out  of  such  moneys  and  property  heretofore  belonging  to 
the  said  government  of  the  United  States,  in  the  said  State  of 
Arkansas,  which  have  been  or  may  hereafter  be  seized  to  the 
use  of  or  vested  in  the  said  State  of  Arkansas,  by  an  act  or 
ordinance  of  this  convention;  and  if  in  the  opinion  of  said  com- 
mittee, the  payment  of  said  debts  should  be  so  secured,  then 
they  are  further  instructed  to  report  an  ordinance  for  that  pur- 
pose. 

Which  was  read,  and  on  motion  of  Mr.  Turner,  referred  to 
the  committee  on  judiciary. 

Mr.  Griffith,  frbm  the  committee  on  enrollments,  made  the 
following 

REPORT: 
Mr.  Pre^ideiVt — 

The  committee  on  enrollments  respectfully  report  that 
they  jiave  this  day  compared  the  enrolled  co^jy  with  the  ori^-inal 
of  an  ordinance  entitled  "  an  ordinance  appropriating  the 
domain,  public  lands  and  other  property  which  belonged  to  the 


222  JOURNAL    OF 


government   of  the  United   States  in   this  state,"  and  find  the 
same  correct. 

GRIFFITH,   Chairman. 

Mr.  President  resuming  the  chair  stated  that  he  was  unwell, 
and  called  upon  Mr.  Hanly  to  preside  for  the  remainder  of  the 
day. 

Mr.  Totten  of  Prairie,  by  leave,  offered  the  following 

RESOLUTION: 

Resolved,  That  the  writ  of  habeas  corpus  be  suspended  so 
far  as  regards  convicts  in  the  penitentiary- of  the  state,  and 
also  all  prisoners  confined  under  the  laws  of  the  United  States, 
until  this  convention  shall  otherwise  direct;  and  that  the  keeper 
of  the  penitentiary,  and  all  other  keepers  of  prisons  in  this 
state  are  hereby  ordered  to  retain  such  of  the  convicts  and 
prisoners  as  yet  have  unexpired  terms  to  serve,  or  until  this 
convention  shall  otherwise  direct,  or  their  term  expires. 

Resolved,  That  this  suspension  of  the  writ  of  habeas  corpus 
is  intended  to  apply  only  to  those  convicts  confined  in  the  peni- 
tentiary and  othtr  prisons  by  authority  of  the  United  States. 

Which  was  read  and  adopted. 

Mr.  Totten,  on  leave,  then  presented  the  following  preamble 
and 

RESOLUTIONS: 

Whereas,  The  system  of  privateering  and  the  granting  of 
letters  of  marque  and  reprisal  is  a  legitimate  mode  of  civilized 
warfare,  recognized  not  only  by  European  governments  and 
international  laws,  but  by  the  practice  and  fundamental  law, 
both  of  the  United  States  of  America  and  the  Confederate 
States  of  America;  Aiidrvkercas,  In  accordance  with  this  well- 
established  and  universally  recognized  system  of  civilized  war, 
the  government  of  the  Confederate  States  of  America  has 
proceeded  to  the  issuing  of  letters  of  marque  and  reprisal,  and 
the  fitting  out  of  privateers  as  a  means  of  self  defence,  and  of 
prosecuting  successfully  the  war  which  has  been  forced  upon 
them  by  the  government  at  Washington;  And  ichcreas,  Abra- 
ham Lincoln,  at  present  President  of  the  United  States,  in 
obedience  to  the  suggestions  of  the  commercial  interest  of  the 
North,  as  conveyed  to  him  through  imposing  meetings  of  the 
New  York  chamber  of  commerce  and  other  chanfiels,  has 
issued  a  proclamation  declaring  that  any  person  privateering 
under  the  authority  of  letters  of  marque  and  reprisal  ic^sued 
by  President  Davis,  "  shall  be  held  amenable  to  the  laws  of 
the  United  States  for  the  prevention  of  piracy." 


THE    COXVENTION.  223 

Resolved,  That  we  indorse  and  approve  the  action  of  Preei- 
dent  Davis  and  the  government  at  Montgomery  in  the  premise, 
and  that  we  will  sustain  it  with  the  whole  moral  and  physical 
power  of  the  sovereign  State  of  Arkansas:  and  that  vi^e  recom- 
mend to  the  government  of  the  Confederate  States,  that  they 
retain  the  person  of  every  alien  enemy  taken  as  a  prisoner, 
and  hold  it  personally  responsible  to  the  people  of  the  South  if 
President  Lincoln  shall  execute  his  infomous  threat  to  treat  a 
recognized  usage  of  civilized  warfare  as  piracy. 

Resolved,  That  we  are  a  free  and  independent  nation,  and 
have  not  by  conventional  agreement  or  treaty  stipulation,  parted 
with  any  of  the  essential  rights  of  nations,  and  that  in  con- 
ducting the  war  which  haa  been  forced  upon  us  by  the  govern- 
ment at  Washington,  we  are  perfectly  free  to  select  whatever 
weapon  or  mode  of  warfare  is  recognized  by  the  laws  of 
nations,  and  that  in  that  selection  we  believe  it  to  be  the  best 
policy  to  choose,  that  method  which  will  most  seriously  damage 
and  cripple  the  material  interests  of  the  enemy. 

Which  were  read, 

Mr.  Cypert  moved  to  refer  said  resolutions  to  the  committee 
on  military  aliairs,  on  which  motion,  Mr.  Totten  called  for  the 
j'eas  and  nays,  which  call  was  sustained,  ordered  and  had  with 
the  following  result: 

Yeas — Messrs.  Adams  of  Izard,  Austin,  Bolinger,  Bush,  Camp- 
bell, Carrigan,  Clingman,  Cypert,  Desha,  Dinsmore,  Dodson, 
Fishback,  Gould,  Griffith,  Gunter,  Hobbs,  Kelley,  Kennard, 
Mansfield,  Parks,  Patterson  of  Van  Buren,  Smith,  Stallings, 
Stillwell  and  Turner— 25. 

Nays — ^lessrs.  Adams  of  Phillips,  Batson,  Bussey,  Crenshaw, 
Cryer,  Cochran,  Dollarhide,  Flanagin,  Floyd,  Fuller,  Garland, 
Hanly,  Hawkins  of  Ashley,  Hawkins  of  Sevier,  Hill,  Hilliard, 
Johnson,  Lanier,  Mayo,  Patterson  of  Jackson,  Ray,  Rhodes, 
Robinson,  Shelton,  Siemens,  Smoote,  Spivey,  Stirman,  Tatum, 
Totten  of  Arkansas,  Totten  of  Prairie,  Walker,  Wallace  and 
Yell— 34. 

So  the  motion  to  refer  did  not  prevail. 

Mr.  Kennard  moved  to  amend  the  preamble  by  striking  out 

the  words: 

."  In  accordance  with  the  well  established  and  universally 
recognized  system  of  civilized  war." 


224  JOURNAL    OP 


Mr.  Totten  of  Prairie,  moved  to  lay  the  amendment  upon  the 
table,  which  motion  prevailed  on  division. 

Mr.  Stillvvell  called  for  a  division  of  the  question,  whereupon 
Mr.  President  stated  the  question  to  be  upon  the  adoption  of 
the  preamble  and  first  resolution;  on  which,  Mr.  Totten  of  Prai- 
rie called  for  the  yeas  and  nays,  which  call  being  sustained^ 
was  ordered  and. had  with  the  following  result: 

Yeas — Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin, 
Batson,  Bush,  Bussey,  Carrigan,  Clingman,  Crenshaw,  Cryer, 
Cypert,  Desha,  Dodson  Dollarhide,  Flanagin,  Floyd,  Fuller, 
Garland,  Gould,  Griffith,  Gunter,  Hanly,  Hawkins  of  Ashley, 
Hawkins  of  Sevier,  Hill,  Hilliard,  Hobbs,  Hobson,  Johnson, 
Kelley,  Kennard,  Lanier,  Mansfield,  Mayo,  Patterson  of  Jack- 
son, Patterson  of  Van  Buren,  Ray,  Rhodes,  Robinson,  Shelton, 
Slemons,  Smith,  Smoote,  Stallings,  Stillwell,  Stirman,  Tatum, 
Totten  of  Arkansas,  Totten  of  Prairie,  Walker  and  Wallace 
—51. 

Nays — Messrs.  Bolinger,  Campbell,  Dinsmore,  Fiehback,  Mur- 
phy and  Turner — 6. 

Mr.  Parks  asked  to  be,  and  was  excused  from  voting. 

So  the  preamble  and  first  resolution  were  adopted. 

Mr.  President  pro  tem.  then  stated  the  question  to  be  on  the 
adoption  of  the  second  resolution;  whereupon  Mr.  Kennard 
moved  to  amend  by  striking  out  all  the  latter  clause  after  the 
word  "  nation,"  which  motion  did  not  prevail. 

But,  on  motion  of  Mr.  Patterson  of  Jackson,  the  resolution 
was  laid  upon  the  table  until  Friday  next. 

Mr.  Yell  introduced  the  following  preamble  and 

ORDINANCE  No.  31. 

Gen.  Yell,  commander  at  Ilopefield,  borrowed  of  Gen. 
Thomas  H.  Bradley,  at  Memphis,  the  sum  of  five  thousand  dol- 
lars,  for  the  troops  of  Arkansas  at  Hopefiyld;  and  said  sum 
was  placed  at  the  command  of  the  pay  master  of  sisid  troops, 
at  the  Planter's  Bank  in  Memphis;  therefore 

Be  it  ordained  by  ih^  people  of  the  Stale  oj  Arkansas,  That 
Gen.  James  Yell  is  harebj  authorized  to  draw  his  draft  on  the 
auditor  for  five  thousand  dollars,  out  of  the  amount  of  money 
deretofore  appropriated  by  ordinance  to  and  in  favor  of  the 


THE    CONVENTION.  225 


brigadier  general  of  the  second  division  of  Arkansas',  and  the 
rtuditor  is  authorized  to  draw  upon  the  treasurer  for  said  amolint. 

Which  was  read  and  adopted. 
Mr.  Robinson  offered  the  following 

RESOLUTION: 

Resolved,  That  his  excellency  be  requested  and  he  is  hereby 
instructed  to  cause  all  the  sulphur  within  the  state  to  be  pur- 
chased for  the  use  of  the  state,  to  be  used  in  the  manufacture 
of  powder. 

Which  was  read,  and  on  his  motion,  referred  to  the  commil- 
tee  on  military  affairs. 

On  leave,  Mr.  Stillwell  introduced  the  following  ordinance: 

ORDINANCE  No.  32. 

Be  it  ordained  by  the  people  of  Arkansas  in  convention  assem- 
bled, That  all  the  volunteer  companies  in  Pulaski  county  retain 
the  public  arms  now  in  their  possession,  and  that  his  excellency, 
the  governor,  be  required  to  return  to  the  "  Capital  Guards," 
commanded  by  Capt.  Gordon  N.  Peay,  the  arras  which  they 
returned  to  him  on  his  requisition. 

Be  it  further  orddincd,  That  if  said  volunteer  companies 
shall,  at  any  time,  if  they  are  notified  by  the  proper  authority, 
that  their  services  are  needed  by  the  State  of  Arkansas  in  the 
field,  fail  to  respond  and  enter  forthwith  into  the  service,  they 
shall  at  once  deliver  such  arms  to  the  governor  or  other  officer 
authorized  to  receive  them. 

On  motion  of  Mr.  Smoote,  the  ordinance  was  laid  upon  the 
table. 

Mr.  Flanagin  offered  the  following 

RESOLUTION: 

Resolved,  That  the  committee  on  military  affairs  be  instructed  . 
to  enquire   as  to  the  expediency    of  arming  one   company  in 
each  county  as  a  home  guard. 

'    Which  was  read,  and  referred  to  the  committee  on  militia. 

On  motion  of  Mr.  vSmoote,  the  convention  adjourned  until 
to-morrow  morning,  0  o'clock. 

DAVID  WALKER, 

PTCsident. 

15 


226  JOURNAL    OF 


Tuesday,  May  I4th,  1861. 
Convention  met  pursuant  to  adjournment. 
Mr,  Gould  announced  to  the  convention  that  Mr.  President 
was  indisposed,   and  moved  that  Mr.  Hanly  be  elected  Presi- 
dent pro  tern.,  which  motion  prevailed,  and  Mr.  Hanly  took  the 
chair. 

Roll  called. 

present: 

Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin,  Baber^ 
Batson,  Bolinger,  Bush,  Bussey,  Campbell,  Carrigan,  Crenshaw^ 
Cryer,  Cypert,  Cochran,  Desha,  Dinsmore,  Dodson,  Dollarhide, 
Fishback,  Flanagin,  Floyd,  Fort,  Fuller,  Garland,  Gould,  Grif- 
tlth,  Gunter,  Hanly,  Hawkins  of  Ashley,  Hawkins  of  Sevier,  Hill, 
Hilliard,  Hobbs,  Hobson,  Johnson,  Kclley,  Kennard,  Lanier, 
Mansfield,  Mayo,  Murphy,  Parks,  Patterson  of  Jackson,  Patter- 
son of  Van  Buren,  Ray,  Rhodes,  Robinson,  Shelton,  Slemons, 
Smith,  Smoote,  Spivey,  Stallings,  Stillwell,  Stirman,  Tatum, 
Totten  of  Arkansas,  Totten  of  Prairie,  Turner,  Walker,  Wal- 
lace and  Yell — 02. 

The  reading  of  the  journal  was,  on  motion,  postponed  lor 
the  present. 

Mr.  Kelley  aeked  and  obtained  leave  of  absence  for  Mr. 
Stout. 

Mr.  Flanagin,  on  leave,  offered  the  following 

RESOLUTION: 

Resolved,  That  the  president  of  the  convention  be  requested 
to  ask  by  telegraph  of  the  secretary  of,  war  in  tbe  southern 
Confederacy,  whether  it  is  the  policy  of  the  southern  confed- 
rracy  as  indicated  by  any  public  act  to  confiscate  private  pro- 
perty in  the  present  war;  unless  it  be  commerce  upon  the  high 
f-eas. 

The  question  was  stated  to  be  on  the  adoption  of  the  resolu- 
tion. 

On  which  Mr.  Totten,  of  Prairie,  called  for  the  yeas  and 
nays,  which  call  being  su.stained,  wag  ordered  and  had  with  the 
t'ollowing  result: 


THE    CONVENTION.  227 


Yeas — Messrs,  Adams  of  Izard,  Austin,  Baber,  Bolingei-, 
Campbell,  Carrin^an,  Crenshaw,  Crj'er,  Cypert,  Desha,  Dins- 
more,  Dodson,  Dollarhide,  Flanagin,  Fort,  Fuller,  Garland, 
Gould,  Griffith,  Gunter,  Hobson,  Kelley,  Kennard,  Mansfield, 
Patterson  of  Van  Buren,  Smith,  Sinoote,  Spivey,  Stillvi'ell, 
Stinnan,  Tatum,  Turner  and  Walker — 34. 

Nays — ]Messrs.  Adams  of  Phillips,  Batson,  Bush,  Bussey, 
Cochran,  Fishback,  Floyd,  Hanly,  Hawkins  of  Ashley,  Haw- 
kins ef  Sevier,  Ililliard,  Hobbs,  Johnson,  Lanier,  Mayo,  Mur- 
phy, Patterson  of  Jackson,  Jlay,  Rhodes,  Robinson,  Shelton, 
Slemons,  Totten  of  Arkansas,  Totten  of  Prairie,  Wallace  and 
Yell— 27. 

So  the  resolution  was  adopted. 

On  motion,  the  special  order  of  the  day  was  suspended,  and 
'.he  consideration  of  ordinances  touching  the  military  affairs 
and  condition  of  the  state,  were  taken  up. 

On  motion  of  Mr.  Batson,  Mr.  Stirman  was  allowed  to  record 
'iis  vote  and  affix  his  signature  to  the  ordinance  dissolving  the 
inion  between  the  State  of  Arkansas  and  the  United  States  of 
America,  which  he  accordingly  did. 

The  convention  then  closed  the  doors  and  its  deliberations 
were  continued  in  secret. 

Ordinances  No.  20,  20i^,  22,  23  and  30,  were  then  taken  up. 

On  motion  of  Mr.  Kennard,  the  consideration  of  ordinances 
No.  20J ,  entitled  "an  ordinance  to  create  a  military  board  for 
the  State  of  Arkansas,"'  and  No.  21,  entitled  "an  ordinance  to 
establish  a  military  board  for  the  State  of  Arkansas,"  were  made 
the  special  order  of  the  hour. 

Said  ordinances  w^ere  then  fead. 

On  motion  of  Mr.  Still  well,  the  first  section  of  ordinance  No. 
20V  was  read. 

Mr.  Flanagin  moved  to  amend  by  striking  out  all  after  the 
word  "board,"  in  said  section. 

Mr.  Smoote  moved  to  amend  the  amendment  by  striking  out 
the  first  section;  which  did  not  prevail. 

Mr.  .\dams,  of  Phillips,  moved  to  amend  the  amendment  by 
•striking  out  all  of  the  first  section  after  the  word  "  board,"  in 


128  JOURNAL    OF 


the  second  line,  and  including  sections  "  1  "  and  "  2"  in  section 
*'  1;"  which  was  accepted. 

Mr.  Desha  moved  to  amend  the  amendment  by  inserting  after 
the  word  "  convention"  in  said  second  section,  "  whose  duty  it 
shall  be  to  act  and  consult  together  in  all  matters  appertaining 
to  the  general  military  defence  of  the  state;"  which  w^as  also 
accepted. 

Mr.   Kennard  moved  to  amend  the  amendment  by  striking 

out  the  amendment  of  Mr.  Desha,  so  accepted,  and  insert  in 

lieu  thereof,  after  the  words  "  convention," 

"  Which  shall  be  charged  with  the  control  and  management 
of  all  military  operations  within  the  state." 

Mr.  Patterson,  of  Jackson,  moved  to  lay  the  amendment  on 
the  table;  which  motion  prevailed. 

Mr.  Gould  moved  to  amend  the  amendment  by  striking  out 
the  word  "  two,"  in  said  section,  where  it  refers  to  the  number 
of  advisers,  and  insert  "  three"  in  lieu  thereof;  which  did  not 
prevail. 

Mr.  Robinson  moved  to  amend  the  amendment  by  striking 
out  said  word  "two,"  and  inserting  "one"  in  lieu  thereof;  which 
motion  did  not  prevail. 

The  question  was  then  stated  to  be  on  the  adoption  of  the 
amendment  of  Mr.  Flanagin,  as  amended  by  Mr.  Desha,  and 
Mr.  Adams,  of  Phillips;  which  was  adopted. 

Mr.  Totten,  of  Arkansas,  moved  to  amend  said  section  by 
.striking  out  all  after  the  word  "advisers,"  and  insert  "to  receive 
the  sum  of  five  dollars  per  day  while  actually  employed  in  such 
service." 

Mr.  Kennard  moved  to  amend  the  amendment  by  striking 
out  all  after  the  word  "  receive,"  and  inserting  "  compensation 
lor  their  services  at  the  rate  of  two  thousand  dollars  per  an- 
num." 

Which,  after  some  discussion,  was  withdrawn. 

The  question  was  then  stated  to  be  on  the  adoption  of  the 
amendment  proposed  by  Mr.  Totten;  which  was  adopted. 

There  being  no  other  amendments  offered,  Mr.  President  pro 
tern,  stated  the  question  to  be  on  the  aodption  of  the  section  as 
amended,  whereupon, 


THE    CONVENTION.  129 

Mr.  Cypert  offered  the  following  as  a  substitute  for  the  entire 
section: 

Be  it  oidaintd  by  (he  people  of  the  State  of  Arkansas  in  conven- 
tion assembled,  That  there  shall  be  established  an  efficient 
military  corps  of  the  State  of  Arkansas,  for  war  and  active 
service,  which  corps  shall  recognize  the  governor  as  comman- 
der-in-chief, and  be  under  the  control  of  one  major  general  and 
two  brigadier  generals,  to  be  elected  by  this  convention,  and 
commissioned  by  the  governor,  who  shall  hold  their  offices  dur- 
ing good  behavior,  or  until  they  are  found  incompetent.  The 
major  general  shall  rank  above  all  military  officers  of  the  state, 
and  shall  have  power,  when  necessary,  to  control  them  and 
even  bring  them  into  actual  service  of  the  state.  The  major 
general  shall  have  for  his  staff  one  adjutant  general,  who  shall 
rank  as  brigadier  general,  one  quartermaster  general,  one  com- 
missary general,  one  judge  advocate,  one  surgeon  general,  and 
such  aids-de-camp  during  actual  service  as  he  may  see  proper 
to  appoint;  all  of  whom  shall  rank  as  lieutenant  colonels  of 
cavalry. 

After  some  discussion,  the  question  was  stated  to  be  on  the 
adoption  of  the  substitute. 

On  which  Mr.  Robinson  called  for  the  yeas  and  nays,  which 
being  sustained,  was  ordered  and  had  with  the  following 
result: 

Yeas — Messrs.  Bush,  Campbell,  Cryer,  Cypert,  Dinsmore, 
Dodson,  Dollarhide,  Floyd,  Fort,  Griffith,  Murphy,  Patterson 
of  Van  Buren,  Robinson,  Stallings,  Tatum  and  Wallace — IG. 

N.ws — Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin, 
Baber,  Batson,  Bolinger,  Carrigan,  Clingman,  Crenshaw,  Desha, 
Fishback,  Flanagin,  Fuller,  Garland,  Gunter,  Hanly,  Hawkins 
of  Ashley,  Hawkins  of  Sevier,  Hill,  Hilliard,  Hobbs,  Hobson, 
Johnson,  Kelley,  Kennard,  Lanier,  Mansfield,  Mayo,  Parks, 
Patterson  of  Jackson,  Ray,  Rhodes,  Shelton,  Slemons,  Smoote, 
Spivey,  Stillwell,  Stirman,  Totten  of  Arkansas,  Totten  of  Prai- 
rie, Turner,  Walker  and  Yell — 4G. 

So  the  motion  to  substitute  was  lost. 

Mr.  Stillwell  then  moyed  to  recommit  the  whole  subject  to  a 
select  committee  of  thirteen,  with  instructions  to  report  at  their 
earliest  possible  convenience. 

Mr.  Yell  moved  to  lay  the  motion  upon  the  table;  which  did 
not  prevail. 


230  JOURNAL    OF 


The  question  was  then  stated  on  the  motion  to  refer;  which 
■was  lost  on  division. 

Mr.  Gould  moved  the  adoption  of  the  first  section  of  the 
ordinance,  as  amended. 

On  which  Mr.  Gould  called  for  the  yeas  and  nays;  which 
call  being  sustained,  was  ordered,  and  had  with  the  following 
result: 

Yeas — Messrs.  Adams  of  Izard,  Baber,  Batsoh,  Bush,  Car- 
rigan,  Clingman,  Crenshaw,  Cochran,  Desha,  Dinsmore,  Flana- 
gin,  Floyd,  Fuller,  Gould,  Griffith,  Gunter,  Ilanly,  Hawkins  of 
Ashley,  Hawkins  of  Sevier,  Hill,  Hilliard,  Hobbs,  Hohson, 
Johnson,  Kennard,  Lanier,  Mansfield,  Parks,  Ray,  Rhodes. 
Shelton  Slemons,  Smith,  Spivey,  Stillwell,  Stirman,  Totten  of 
Arkansas,  Turner  and  Yell — 39. 

Nays — Messrs.  Adams  of  Phillips,  Austin,  Bolinger,  Bussey. 
Campbell,  Cryer,  Cypert,  Dodson,  Dollarhide,  Fishback,  Fort, 
Kelly,  Mayo,  Murphy,  Patterson  of  Jackson,  Robinson,  Smoote, 
Stallings,  Tatum,  Totten  of  Prairie,  Walker  and  Wallace — 22. 

So  the  first  section,  as  amended,  was  adopted. 

Mr.  'Baber  offered  the  lollowing  in  lieu  of  section  two: 

Sec.  2.  The  members  of  said  board  shall  be  required,  before 
entering  upon  the  duties  of  their  office,  to  take  an  oath  to  sup- 
port the  constitution  of  the  State  of  Arkansas,  and  provisional 
constitution  of  the  Confederate  States  of  America. 

Mr.  Yell  was  called  to  the  chair. 

At  the  suggestion  of  Mr.  Hanly,  Mr.  Baber  withdrew  the 
proposed  additional  section.  ^ 

Mr.  Desha,  on  leave,  called  up  a  memorial  of  the  president 
and  directors  of  the  Cairo  and  Fulton  railroad  company,  pro- 
posing to  relinquish  certain  lands  to  the  state,  and  asking  for  a 
conference. 

Which  was  read  and  referred,  on  motion  of  Mr  Kennard,  to 
a  select  committee,  and  Mr.  President  pro  tem.  appointed 
Messrs.  Patterson,  of  Jackson,  Adams-,  of  Phillips,  Desha,  Cy- 
pert and  Flanagin,  such  committee. 

On  motion  of  Mr.  Baber,  Mr.  Robinson  was  added  to  the 
committee. 


THE    CONVENTION.  231 


Mr.  Johnson,  on  leave,  presented  a  report  from  a  select  com- 
mittee: 

Mr.  President — 

Your  committee,  who  were  assigned  to  the  duty  of  dis- 
tributing to  Generals  Pearce  and  Bradley,  the  arms,  under  the 
ordinance  of  this  convention,  passed  on  fiie  Uth  inst.,  provid- 
ing for  the  protection  and  delence  of  the  north-western  and 
north-eastern  frontiers  of  the  state,  have  the  honor  now  to 
report  that  they  have  so  far  performed  that  duty,  as  to  set  apart 
to  Brigadier  General  Pearce, 

2  12  pounder  brass  howitzers; 
4    0 
r»00  flint  and  steel  muskets; 
500  Hall's  rilles,  (flint  and  steel;) 
89  horse  pistols,      "  " 

10  North's  revolvers: 
200  carbines; 

50  Minnie  rifles,  and  accoutrements  complete. 
And  to  Brigadier  General  Bradley: 
54  iMississippi  riiles; 

16  revolvers,  and 

17  sabres. 

These  being  the  arms  designated  by  said  Generals  respec- 
tively, as  the  arms  desired  by  them  for  the  service  aforesaid. 

It  will  be  observed  that  Gen.  Bradley  has  taken  but  a  email 
portion  of  the  arms  directed  by  the  convention  to  be  delivered 
to  him,  he  preferring,  for  the  present,  to  leave  the  rern.iinder 
subject  to  his  order  when  needed  for  his  service. 

Your  committee  take  great  pleasure  in  stating  that,  in  the 
discharge  of  their  duty,  as  above,  they  met  with  the  hearty 
co-operation  of  his  excellency,  the  governor,  and  of  Col.  Peek, 
who  is  in  charge  of  the  arsenal  and  arms  of  the  state. 

All  of  whioh  is  respectfully  submitted,  and  your  committee 
ftak  to  be  discearged. 

J.  P.  JOHNSON,   Chairman 

of  committee. 

Little  Rock,  May  14,  '61. 

Which  was  read  and  adopted,  and  the  committee  discharged. 

Accompanying  the  report  Mr.  Johnson  presented  the  follow- 
ing 

CORRESPONDENCE: 

Little  Rock,  IMay  11th,  1861. 

Dear  Sir — The  undersigned  committee,  appointed  by  the 
sovereign  convention  of  the  people  of  the  State   of  Arkansas, 


232  JOURNAL    OF 


on  this  day,  under  the  provisions  of  an  ordinance,  also  passed 
this  day,  by  said  convention,  entitled  "  an  ordinance  for  raising 
and  equiping  a  military  force  in  the  north-western  and  north- 
eastern portions  of  the  state,  for  the  immediate  protection  of 
those  frontiers,"  to  select  and  deliver  to  the  two  brigadier 
generals,  provided  for  by,  and  elected  under  the  provisions  of 
said  ordinance,  two  thousand,  five  hundred  stands  of  arms  each; 
together  with  accoutrements,  munitions  and  other  things  deemod 
necessary  by  said  committee,  and  also  one  complete  battery  to 
each  of  said  generals,  consisting  of  six  pieces  of  artillery,  and 
all  necessary  accompaniments,  which  ordinance  has  been  sub- 
mitted to  the  inspection  of  your  excellency,  have  the  honor 
to  inform  your  excellency  that  they  are  ready  to  discharge  that 
duty,  and  respectfully  solicit  your  excellency's  co-operation  in 
that  behalf. 

We  have  the  honor  to  be. 

Your  excellency's  ob't  serv'ts., 
I  J.  P.  JOHNSON,  Chairman.  ■ 

T.  M.  GUNTER, 
F.  W.  DESHA. 
JAS.  YELL. 

To  his  Excellency, 

H.  M.  Rkctor,  Govenwr. 


Executive  Office,  Lilile  Rock,         I 
May  12th,  1861.  \ 
To  Messrs. 

Hons.  J.  P.  Johnson, 

"  T.    W.    GuNTER, 

"        J  AS  Yell, 

"        Frank  Desha, 

Committee. 
Gentlemen — I  am  in  receipt  of  your  communication  of 
yesterday,  9  o'clock  p.  m.,  wherein  you  are  pleased  to  inform 
me  that  an  ordinance  has  been  passed  by  the  state  convention, 
creating  the  offices  of  brigadier  general  for  the  1st  and  2d 
division  of  the  state,  and  directing  you  to  select  and  deliver 
from  the  arsenal,  to  the  brigadier  general  respectively  elected, 
the  necessary  arms,  accoutrements,  ammunition,  etc.,  deemed 
necessary  lor  the  eastern  and  western  portion  of  the  state,  c.d- 
vising  me  that  you  are  ready  to  discharge  that  duty  in  co-ope- 
ration with  myself. 

In  furtherance  of  the  viev^'s  of  the  convention,  and  especially 
in  discharge  of  the  duty  incumbent  on  me,  as  the  commander- 
in-chief  of   the  army  of  the   state,  I  have  ordered  from  the- 


THE    CONVENTION.  233 


arsenal  two  thousand  of  the  best  guns  on  hand,  six  pieces  of 
artillery,  with  accoutrennents  and  ammunition  corresj)onding 
with  the  service  and  danger  anticipated  on  the  western  irontier. 
Five  hundred  additional  guns  will  be  sent,  some  of  tiiem  im- 
proved arms,  so  soon  as  thej'^  can  be  prepared  for  transporta- 
tion. 

The  danger  in  the  west  seeming  now  more  imminent  than 
in  the  eastern  portion  of  the  state,  I  have  deemed  it  proper  to 
employ  all  the  available  force  to  supply  the  west  first,  and  to 
send  as  soon  as  need  be  those  reijuiredfor  the  better  security  ol 
the  Mississippi. 

In  respect  to  my  co-operation,  touching  the  provision  in  the 
ordinance  referred  to,  creating  the  oliice  of  brigadier  general. 
I  respectfully  submit  that  it  is  wholly  dependent  upon  the 
authority  and  prerogatives  assumed  by  the  incumbents  of  those 
offices  of  which  I  have  so  far  not  been  able  to  acquaint  myself". 
And  it  is  proper  to  remark  that  1  have  had  no  official  informa- 
tion of  the  appointment  of  any  one  to  those  stations,  but 
received  from  Col.  N.  B.  Pearce,  the  following  communiciition: 

Little  Rock,   Ark., 

May  Uik,    ISGl. 
Gov.   H.  M.  Rector: 

I  have  the  honor  to  resign  my  commission  as  colonel  of  the 
second.j-egiment  of  Arkansas  militia.  Having  been  created 
brigadier  general,  by  the  state  convention,  I  expect  to  proceed 
to  the  western  frontier  immediately,  and  put  it  in- the  best  con- 
dition for  defence  that  I  can. 

Very  respectfully, 

N.  BART  PEARCE, 

Brig.   GtnH  Army  of  Arkansas. 


To  which  I  replied. 

Head  Quarters,  A.  M.     ) 
May   11///,   18G1.   \ 
Col.  N.  B.  Pearce: 

Sir — You  will  be  good  enough  to  define  your  authority  asi 
brigadier  general,  and  the  relations  you  bear  to  the  commander- 
in-chief  to  enable  me  to  determine  upon  the  propriety  of  grant- 
ing your  resignation  this  day  temlered,  and  to  give  such  orders 
to  you  or  to  other  subordinate  officers  as  the  defence  of  the 
country  requires. 

Respectfully, 

H.  M.  RECTOR, 
Commandcr-in-cliicf  A.  M. 


23i  JOURNAL    OF 


To  which  tho  Colonel  has  not  so  far  favored  me  with  a  re- 
sponse., 

By  the  constitution  and  laws  of  this  government,  which  as  it?' 
executive  officer,  I  am  sworn  to  support  and  to  "  see  executed." 
1  am,  for  and  during  the  term  for  which  I  have  been  elected  bj' 
the  people,  commander-in-chief  of  the  army  of  the  state,  know- 
ing or  recognizing  no  equal  or  superior  in  military  rank,  except 
in  the  post,  such  officers  as  the  constitution  of  the  old  Union 
set  over  me,  in  the  future,  such  others  as  by  authority  ot  the 
Confederate  States,  may  be  assigned  to  the  command  of  troops 
mustered  from  Arkansas  into  the  Confederate  service. 

The  appointment  of  officers  for  military  purposes  (other  than 
those  in  authority,  under  existing  laws,)  i  i  due  respect  to  the 
iH'tion  of  the  convention,  seems  to  me  to  be  less  important  than 
might  otherwise  be  the  case,  from  the  lact  that  in  a  very  few- 
days  all  military  action  on  the  part  of  this  state  must  be  super- 
ceded and  become  subordinate  to  the  Confederate  powers. 

in  the  detail  of  the  ordinance,  1  perceive  also  objections  cif  a 
constitutional  character,  to  which  I  beg  leave  to  call  to  the 
attention  of  the  convention  through  you  as  their  committee. 

The  constitution  of  the  State  of  Arkansas  declares  that 
"perpetuities  are  contrary  to  the  genius  of  a  republic,  and  shall 
not  be  allowed!  !  » 

This  ordinance  passed  by  the  convention  defines  no  limit  or 
period  to  the  tenure  of  office  conferred  upon  the  brjgadiers 
general. 

Again:  that  instrument  provides,  that  the  commissions 
shall  eminate  from  the  president  of  the  convention.  The  con- 
stitution declaring  that  all  commissions  emenating  from  the 
State  shall  "  be  sealed  with  the  seal  of  the  state,  attested  by 
the  becretary  of  state,  and  signed  by  the  governor." 

The  constitution  again  provides  that  "  all  officers,  both  civil 
"  and  military,  acting  under  the  authority  of  the  state  shall, 
"  before  enteiing  on  the  duties  of  their  offices,  take  an  oath  to 
"  support  the  constitution  of  the  state." 

The  ordinance  requires  nothing  of  this  kind  to  be  done  on 
the  part  of  the  officers  thereby  provided  for.  , 

These  objections,  constitutional  in  their  character,  and  in  my 
opinion  violative  of  an  instrument  that  is,  until  another  is  sub- 
stituted, the  law  of  the  land,  and  which  I  am  sworn  to  support, 
renders  it  necessary  in  yielding  my  co-operation  in  the  execu- 
tion o(  said  ordinance,  to  protest,  nevertheless,  in  the  name  of 
the  people  of  the  state,  whose  servant  I  am,  to  "  see  the  laws 
executed,"  as  they  are  found  in  a  constitution  enacted  and  sol- 
emnized by  them,  and  which,  until  altered,  must  be  that  to 
which  I  owe  obedience. 

And  I  beg  further  to  present  in  the  name  and  in  behalf  of 
the  military  officers  under  my  command,  numbering  some  five 


THE    rOXYEXTIOX.  235 


thousand  in  the  state,  that  although  their  tenure  of  cilice  is 
derived  from  legi:^lativc  enactment,  not  by  constitutional  right, 
and  may  be  reformed,  subordinated  or  abolished  b}'  legislative 
authority,  yet  to  do  this,  when  in  many  instances  ttie  com- 
mandants of  our  brigades  and  regiments  have  incurred  expense, 
l»esto\vcd  much  labor  and  time  in  fitting  themselves  tor  service, 
and,  considering  aiso  that  many  of  them  are  accomplished 
officers,  inferior  to  none  who  might  be  selected  in  the  state,  to 
say  the  least,  is  quite  a  hardship,  and  must  engender  dissatis- 
faction produce  discord  and  heart-burnings,  and  impair  morally 
and  physically  the  eflectiveness  of  our  army. 

For  myself,  1  repeat  what  I  have  often  announced,  that  1 
will  co-operate  cheert^ully  and  zealously  with  the  convention  in 
all  things,  promotive  of  the  success  and  welfare  of  the  countrv. 
so  long  as  it  is  possible  to  preserve  self  respect,  my  own  man- 
hood and  the  lioerties  and  constitutional  rights  ot  the  people, 
whose  officer  and  servant  I  am. 

All  which  is  respectfully  submitted. 

HENRY  M.  RECTOR, 

Governor  and  Com.-ln-chicf  A.  M. 

Since  the  preparation  of  the  above  the  response  of  Col. 
Pearce  has  been  received,  a  copy  of  which  is  herewith  sent, 
leaving  the  query  propounded  unanswered,  and  quite  as  much 
in  uncertainty  as  it  was  before. 

II.  M.  R. 


Little  Rock,  Ark.,     \ 
iMcnj  Wlh,  18G1.  \ 

1\>  His  Excellency,  Henry  M.  Rkctor, 

I  have  the  honor  to  acknowledge  the  reception  of  your  coui- 
munication,  calling  on  me  to  define  my  authorily  as  brigadier 
general.  My  appointment  to  that  office  la  from  the  state  con- 
vention of  Arkansas,  and  my  authority  h  defined  in  the  ordi- 
nance passed  b}'  the  convention,  of  this  day,  a  copy  of  which 
was  handed  you  by  the  select  committee  this  evening, 

I  have  the  honor  to  remain, 

Very  respectfully, 
Your  ob't  servant, 

N.  BART  PEARCE, 

Brirr.  Gcuej'ul  Arkan.^as. 


236  JOURNAL    OF 


Mr.  Griflith,  from  a  select  committee,  on   leave,  made  the 
following 

REPORT: 

Mr.  Pkesident — 

Your  committee,  appointed  to  report  to  this  body  a 
ipuitable  person  to  be  sent  to  the  Indian  country  on  the  western 
border  of  Arkansas,  as  a  commissioner  to  conler  with  such 
Indians,  for  rhe  purpose  of  counteracting  any  influences  W'hich 
may  be  used  with  said  Indians  prejudicial  to  the  interest  of 
this  state,  respectfully  report  and  recommend  to  this  convention 
the  name  of  Col.  Mark  Bean,  of  Washington  county,  whose 
long  acquaintance  with  the  principal  men  of  the  several  tribes, 
eminently  qualilies  him  for  that  important  position. 

GRIFFITH,  Chairman. 

Which  was  read  and  received. 

On    motion    of  Mr.    Tatum,    the  convention  took   a   recess 
until  3  o'clock,  p.  m. 


3   o'clock,  I'.   M. 
Convention  met. 
Roll  called. 

present: 

Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin,  Batson, 
Bolinger,  Bush,  Bussey,  Campbell,  Carrigan,  Clingman,  Cren- 
shaw, Cryer,  Cochran,  Dinsmore,  Dodson,  Dollarhide,  Flanagin, 
Floyd,  Fuller,  Garland,  Grace,  Griflith,  Hanly,  Hawkins  of 
Ashley,  Hawkins  of  Sevier,  Hill,  Hilliard,  Hobbs,  Johnson, 
Kelley,  Lanier,  Mansfield,  Mayo,  Murphy,  Parks,  Patterson 
of  Jackson,  Patterson  of  Van  Buren,  Ray,  Rhodes,  Robinson, 
Shelton,  Slemons,  Smith,  Smoote,  Spivey,  Stallings,  Stillwell, 
Stirman,  Stout,  Tatum,  Totten  of  Prairie,  Turner,  W^alker, 
Wallace,  Watkins  and   Yell— 56. 

The  consideration  of  ordinance  No,  20^  was  resumed. 


THE    CONVENTION.  237 

The  3d  section  was  read. 

Mr.  Stilhvell  moved  to  amend  by  inserting,  after  the  words 
"  Little  Rock,"  in  the  4th  line,  the  words:  "  And  shall  be  paid 
for  his  services  the  sum  of  one  thousand  dollars  annually,  pay- 
able quarterly  out  of  any  moneys  in  the  treasury  at  the  com- 
uiand  of  the  military  board." 

Mr.  Batson  ofTered  to  amend  the  amendment  by  adding,  after 
•'  Little  Rock:"  "  And  shall  receive  such  compensation  as  such 
board  may  deem  just  and  reasonable,  not  to  exceed  $1,000  per 
annum." 

Mr.  Flanagin  moved  to  lay  the  amendment,  and  the  nmend- 
ir.ent  to  the  amendment  on  the  table;  which  motion  prevailed. 

Mr.  Floyd  moved  to  amend  by  inserting  after  the  words 
'*  Little  Rock:"  "  And  to  be  paid  such  compensation  as  the 
military  board  shall  allow  him,  and  ordered  to  be  paid  out  of 
the  state  treasury." 

Which  was  adopted,  and  the  3d  section  was  adopted  as  the 
2d  section  of  the  ordinance. 

The  4th  section  was  then  read. 

Llr.  Gould  moved  to  strike  out  the  whole  of  said  section,  and 

inser    in  lieu  thereof  the  2d  section  of  ordinance  No.  21: 

Skc.  2.  Be  it  fartltcr  ordained ,  That  said  military  board,  act- 
ing in  conjunction  with  the  governor,  shall  have  full  power  to 
call  out  the  militia  and  volunteer  forces  of  the  state  to  the 
extent  necessary  for  its  protection  and  security;  and  to  draw  an 
order  on  the  auditor  to  be  paid  by  the  treasurer  for  such  moneys 
as  may  be  appropriated  for  military  purposes;  to  manage  and 
control  the  forts,  arms,  and  munitions  of  war  belonging  to,  or 
in  possession  of  the  state,  either  by  original  right  or  confisca- 
tion, and  any  and  all  property  belonging  now,  or  hereafter,  to 
the  military  department  of  this  government.  They  shall  have 
power  to  plan  and  execute  defences,  and  put  on  foot  military 
expeditions  necessary,  in  their  opinion,  and  as  circumstances 
and  necessity  may  require;  and  in  all  things  take  charge  of, 
and  be  responsible  for  the  safety  and  protection  of  Arkansas, 
until  such  time  as  the  authority  of  the  confederate  government 
shall  be  extended  over  it,  and  state  authority  shall  become  sub- 
ordinate to  said  confederate  power,  after  which  it  shall  act  in 
aid  of  and  auxiliary  to  said  confederate  authority. 

Mr.  Stilhvell  moved  to  amend  the  amendment  by  striking  out 


238  JOURNAL    OF 


of  the  first  line  the  words,  ''  acting  in  conjunction  with  the 
governor;"   which  was  accepted. 

Mr.  Totten  of  Prairie,  moved  to  amend  the  amendment  by 
striking  out  the  word  "  for,"  in  the  4th  line,  and  inserting  the 
words  "  out  of;"  which  was  also  accepted. 

Mr.  Adams  of  Phillips,  moved  to  amend  by  striking  out  the 
word  "  on,"  in  the  3d  line,  and  adding  "  s  "  to  the  word  'order," 
in  said  line;  which  was  accepted. 

Mr.  Dinsmore  moved  to  amend  by  striking  out  the  words  "to 
plan  and,"  in  the  7th  line,  and  insert  after  the  woid  "  foot"  the 
word  "  all;"  which  was  also  accepted. 

Mr.  Stillvvell  moved  to  amend  by  striking  out  all  after  the 
vv'ord  "  Arkansas,"  in  the  10th  line,  and  inserting:  "  until  the 
government  of  the  Confedersted  States  of  North  America  shall 
lake  charge  of  the  military  operation  within  the  state." 

Mr.  Adams  of  Phillips  offered,  as  a  substiluie  for  the  amend- 
ment to  the  amendment,  the  following: 

Add  after  the  word  "  require,"  in  the  9lh  line'  the  words — 

"  Subject  to  the  provisions  of  such  laws  or  ordinances  as 
may  be  hereafter  passed  or  enacted  by  this  convention  or  the 
legisbiture  of  this  strite;"  and  strike  out  the  words,  "  shall  be- 
come subordinate  to  said  confederate  power." 

Which  was  adopted. 

The  amendment  as  amended  was  then  adopted  as  the  4th 
section  of  the  ordinance. 

The  5th  section  was  then  read. 

Mr  Stiihvell  moved  to  amend  by  striking  out  of  the  Gth  line 
the  words,  '*  the  governor  being  one;"  which  was  accepted. 

]Mr.  Adams  of  Phillips  moved  to  amend  by  striking  out  tlie 
words,  "subordinate  to  this  board,"  in  the  6th  line. 

Which  was  also  accepted,  and  the  section,  as  amended,  was 
adopted  as  the  5th  section  of  the  ordinance. 

The  6th  section  was  then  read. 

Mr.  Adams  of  Phillips  moved  to  amend  by  striking  out  all 
after  the  word  "  board,"  in  the  1st  line,  to  the  word  "  majority," 
in  the  6th  line,  included,  and  inserting  after  the  word  "  rule," 
in  said  line,  the  words  "  in  all  matters  by  this  convention  in- 
trusted to  them;"  which  was  adopted. 


THE    CONVENTION.  239 


Mr.  Stillwell  moved  to  amend  bj'  dddin";  to  said  section: 

"  That  in  case  of  vacancy  by  death,  resij^nation,  or  other- 
wise, the  governor  and  remaining  advij^er  i~hall  take  to  thtMr 
aa;jistance  the  aiuiitor,  treasurer  and  secretary  of  the  state,  or 
one  or  more  of  them,  and,  by  a  majority  vote,  elect  a  suces- 
.sor.'' 

Which  was  adopted. 

Mr.  GouUl  moved  to  amend  by  striking  out  the  words,  "  and 
a  majority  may  draw  upon  the  treasury;"  which  was  accepted . 

The  section,  as  amended,  was  then  adopted  as  tlie  Oth  sec- 
tion of  the  ordinance. 

The  8th  section  was  then  read. 

After  several  verbal  proposed  amendmendments,  Mr.  John- 
.«on  moved  to  strike  out  the  word  "  five,"  and  insert   "  two." 

On  which,  Mr.  Fishback  called  for  the  yeas  and  nays,  which 
was  sustained,  ordered  and  had  with  the  following  result: 

Ykas — Messsrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin, 
Baber,  Bussey,  Carrigan,  Clingman,  Crenshaw,  Cryer,  Cochran. 
Desha,  Flanagin,  Floyd,  Fuller,  Gould,  Gunter,  Hawkins  of 
Ashley,  Hawkins  of  Sevier,  Hill,  Hilliard,  Hobson,  Johnson, 
Lanier,  Patterson  of  Jackson,  Patterson  of  Van  IJuren,  Kay, 
Rhodes,  Robinson,  Shelton,  Slemons,  Smith,  Smoote.,  Spivev, 
Stillwell,  Stirman,  Tatum,  Tolten  of  Arkansas,  Totten  of  Prai- 
rie, Walker,  Wallace  and  Yell — 41. 

Nays— Messrs.  Batson,  Bolinger,  Bush,  Campbell,  Cypert, 
Dinsmore,  Dodson,  Dollarhide,  Fishback,  Fort,  Griffith,  Hanlv. 
Hobbs,  Kelley,  Mansfield,  Mayo,  Murphy,  Parks,  Stalling?, 
Stout   and  Turner — 21. 

.     So  the  amendment  was  adopted,  and  the  sectio!i  was  nKv:'e 
a  part  of  the  ordinance  by  adoption. 

The  nth  section  was  read. 

Mr.  Totten  of  Arkansas  moved  to  amend  by  striking  out 
"  30,000,"  and  inserting  "  10,000;"  which  was  lost. 

The  section  was  then  made  part  ol  the  ordinance  by  adop- 
tion. 

Mhe  10th  section  was  then  read  and  adopted. 

Mr.  Sn-voote  otrered  the  following  as  an  additional  section: 


240  JOURNAL    OF 


Sec.  11.  ^^  if,  further  ordained,  That  this  ordinance  shall 
be  subject  to  repeal  by  legislative  enactment,  and  that  said 
board  shall  cease  and  become  extinct  at  the  close  of  the  war. 

Which  was  lost. 

The  ordinance  was  then  ordered  to  be  engrossed  and  printed. 
Mr.  Griffith,  from  the   committee  on   enrollments,  made  the 
following 

REPORT: 

Mr.  President — 

The    committee   on     enrollments    have    examined    an 
ordinance  for  the  relief  of  Gen.  James  Yell. 

A  resolution  in  regard  to  the  writ  of  habeas  corpus  as  applied 
to  certain  convicts  and  prisoners. 

An  ordinance  to  authorize  the  levy  of  a  tax  for  military  pur- 
poses. 

An  ordinance  in  relation  to  the  late  district  courts  of  the 
United  States;  and  instruct  me  to  report  the  same  correctly 
enrolled. 

GRIFFITH,  Chairman. 

Which  was  received. 

Mr.  Totten  of  Prairie  presented  a  petition,  accompanied  by 
a  resolution,  which,  upon  his  motion,  were  referred  to  the  com- 
mittee on  the  judiciary,  without  being  read. 

Mr.  Hill  presented  the  following  preamble  and 

RESOLUTIONS: 

Whereas,  The  militia  of  the  county  of  Perrj',  in  the  State  of 
Arkansas  is  in  a  disorganized  condition,  by  having,  at  present, 
no  colonel;  therefore, 

Resolved,  That  volunteer  companies  in  said  county  be,  and 
Ihey  are,  hereby  authorized  to  organize  by  electing  officers,  and 
the  governor  is  hereby  authorized  to  commission  the  same  in 
the  usual  way. 

Resolved,  That  the  provisions  of  the  foregoing  sections  hn 
applied  to  the  county  of  Prairie,  and  such  other  counties  as 
may  have  volunteers,  who  may  choose  to  accept  its  provisions. 

Which  was  adopted. 

On  motion  of  Mr.  Tatum,  the  convention  adjourned  until 
to-morrow  morning,  9  o'clock. 

THOMAS  B.   HANLY, 

P resident .  pro  iein. 


THE    CONVENTION.  241 

"Wednesday,  May  ibth,  18G1. 
Convention  met  pursuant  to  adjournment. 
Roll  called. 

present: 

Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin,  Baber, 
Batson,  Bolinger,  Bush,  Bussey,  Campbell,  Carrigan,  Clingman, 
Crenshaw,  Cryer,  Cypert,  Cochran,  Desha,  Dinsmore,  Dodson, 
Dollarhide,  Fishback,  Flanagin,  Floyd,  Fort,  Fuller,  Garland, 
Gould,  Griffith,  Hanly,  Hawkins  of  Ashley,  Hawkins  of  Sevier, 
Hill,  ililliard,  Hobbs,  Hobson,  Johnson,  Kelle}^  Kennard, 
Lanier,  Mansfield,  Mayo,  Murphy,  Parks,  Patterson  of  Jackson, 
Patterson  of  Van  Buren,  Ray,  Rhodes,  Robinson,  Shelton, 
Slemons,  Smith,  Smoote,  Spivey,  Stillwell,  Stirman,  Stout, 
Tatum,  Totten  of  Arkansas,  Totten  of  Prairie,  Turner,  Walker, 
Wallace,  Yell  and  Mr.  President — G2. 

Mr.  Dinsmore  asked  and  obtained  leave  of  absence  for  Mr. 
Stallings. 

The  journals  of  Monday  and  yesterday  were  read,  approved 
and  signed. 

Mr.  President  then  laid  before  the  convention  a  communica- 
tion, which  was  ordered  to  be  referred  to  the  files  without 
being  spread  upon  the  journal. 

Mr.  Totten  of  Arkansas  moved  that  the  secretary  keep  a 
'•  secret  journal  "  for  the  convention's  secret  proceedings;  which 
motion  did  not  prevail. 

Mr.  President  then  called  the  attention  of  the  convention  to 
the  message  of  the  governor  and  the  accompanying  documents, 
laid  before  the   convention  on  Saturday;  which. 

On  motion  of  Mr.  Stillwell,  were  referred  to  the  committee 
on  state  affairs  without  being  read. 

The  consideration  of  ordinance  No.  20},  entitled  "  an  ordi- 
nance to  create  a  military  board  for  the  State  of  Arkansas,' 
was  then  resumed. 

The  engrossed  copy  was  read. 

Mr.  Floyd  oflered  to  amend  by  inserting  an  additional  sec- 
tion: 

Be  it  further  ordained^  That  the  two  members  of  the  mili- 
IG 


242  JOURNAL    OF 


tary  board  after  they  shall  have  been  elected,  shall  be  commis- 
sitned  by  the  president  of  this  convention,  and  be  required  to 
take  the  oath  of  ofllce  that  shall  hereafter  be  required  by  this 
convention. 

Mr.  Smoote  moved  to  amend  the  amendment  by  adding  to  it 
the  following. 

"  And  that  this  ordinance  may  be  repealable  by  legislative 
enactment:" 

Mr.  Smoote  moved  its 'adoption. 

Mr.  Gould  moved  to  lay  the  amendment  on  the  talde,  on 
which,  Mr.  Dollarhide  called  for  the  yeas  and  nays,  which  was 
sustained,  ordered,  and  had  with  the  following  result: 

Yeas — Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin, 
Baber,  Batson,  Bolinger,  Bush,  Campbell,  Carrigan,  Cryer, 
Cypert,  Cochran,  Desha,  Dinsmore,  Dodson,  Floyd,  Fort,  Gould, 
Griffith,  Gunter,  Hawkins  of  Ashley,  Hill,  Hobbs,  Hobson,Kel- 
ley,  Kennard,  Lanier,  Mansfield,  JMayo,  Parks,  Patterson  of  Van 
Buren,  Ray,  Rhodes  Shelton,  Slemons,  Smith,  Spivej^,  Stillwell, 
Stirman,  Stout,  Tatum,  Totten  ofArkansas,  Turner,  Walker, 
Wallace,  Yell  and  Mr.  President— 47. 

Navs — Messrs.  Clingman,  Crenshaw,  Dollarhide,  Fishback, 
Flanagin,  Fuller,  Garland,  Hanly,  Hawkins  of  Sevier,  Hilliard, 
Johnson,  Murphy,  Patterson  of  Jackson,  Robinson,  Smoote  and 
Totten  of  Prairie — IG. 

So  the  amendment  to  the  amendment  was  laid  on  the  table. 

Mr.    Fload,  on   leave,  then  withdrew  his  amendment  and 

introduced  the  following  as  a  substitute: 

Be  it  further  ordained,  That  the  two  advisers  of  the  military 
board  herein  provided  for,  after  their  election,  shall  be  commis- 
missioned  by  the  president  of  this  convention,  and  said  advisers 
are  hereby  required  to  take  such  oath  of  office  as  the  conven- 
vention  shall  require  and  prescribe,  and  this  ordinance  shall 
continue  in  full  force  till  the  end  of  the  war." 

Mr.  Hanly  moved  to  amend  the  substitute  by  inserting  at  the 
end  of  such  substitute,  the  words,  "  and  no  longer." 

Which  was  accepted. 

Mr.  Murphy  moved  to  amend  the  substitute  by  striking  out 
the  words  "  till  the  end  of  the  war,"  and  inserting  '  ior  one 
year." 


THE    COXVEXTION.  243 

Mr.  Floyd  moved  to  lay  the  proposed  amendment  on  the 
table,  on  which,  Mr.  Robinson  called  for  the  yeas  and  nays, 
which  being  sustained,  was  ordered,  and  had  with  the  follow- 
ing result: 

Yeas — Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin, 
Batson,  Bush,  Bussej^  Campbell,  Carrigan,  Clingman,  Cren- 
seaw,  Cypert,  Cochran,  Desha,  Dinsmore,  Dodson,  Fishback, 
Flanagm,  Floyd,  Fort,  Fuller,  Garland,  Gould,  Griffith,  Gunter, 
Hanly,  Hawkins  of  Ashley,  Hawkins  of  Sevier,  Hill,  Hilliard, 
HoLJ^s,  Hobson,  Johnson,  Kelley,  Kennard,  Lanier,  Mansfield, 
Mayo,  Parks,  Patterson  of  Van  Bnren,  Ray,  Rhodes,  Shelton, 
Slemons,  Smith,  Spivey,  Stilhvell,  Stirman,  Stout,  Tatum,  Tot- 
ten  of  Arkansas,  Turner,  Walker,  Wallace,  Yell  and  Mr.  Presi- 
dent— 55. 

Nays — Messrs.  Bolinger,  Cryer,  Dollarhide,  Murphy,  Patter- 
son of  Jackson,  Robinson,  Smoote  and  Totten  of  Prairie — 8. 

So  the  proposed  amendment  to  the  substitute  was  laid  on  the 
table. 

llv.  Batson  moved  to  amend  the  substitute  by  striking  out  all 

after  the  words,  "  require  and  prescribe,"  and  adding: 

That  the  advisers  herein  provided  for  shall  hold  their  office 
until  the  last  day  of  the  next  biennial  session  of  the  legislature, 
and  their  successors  shall  then  be  elected  by  the  legislature, 
who  shall  also  hold  their  office  for  two  years,  and  be  commis- 
sioned by  the  governor. 

Which  was  accepted. 

Mr.   Hanly  oflered  as  an  amendment,  add  after  the  word 

"  longer"  in  the  substitute  as  amended: 

"  And  should  the  war  continue  until  after  the  term  of  office 
of  the  present  governor  shall  expire  by  constitutional  limita- 
tion, that  then,  and  in  that  event,  the  two  advisers  herein  pro- 
vided for  shall  be  elected  by  the  people  at  the  same  time  the 
next  governor  shall  be  elected." 

Mr.  Batson  moved  to  lay  the  amendment  upon  the  table,  on 
which,  Mr.  Hanly  called  for  the  yeas  and  nays,  which  being 
sustained,  was  ordered  and  had  with  the  following  result: 

Yeas — Messrs.  Adams  of  Izard,  Batson,  Carrigan,  Clingman, 
Cochran,  Flanagin,  Floyd,  Fuller,  Hill,  Hobbs,  Murphy,  Patter- 
son of  Jackson,  Shelton,  Slemons  and  Totten  of  Arkansas — 15* 


244  JOURNAL    OF 


Nays — Messrs.  Adams  of  Phillips,  Austin,  Baber,  Bolinger, 
Bush,  Bussey,  Campbell,  Crenshaw,  Cryer,  Cypert,  Desha,  Dins- 
more,  Dodson,Dollarhide,Fishback,  Fort,  Garland,  Gould,  Grif- 
fith, Gunter,  Hanly,  Hawkins  of  Ashley,  Hawkins  of  Sevier, 
Hilliard,  Hobson,  Johnson,  Kelley,  Kennard,  Lanier, Mansfield, 
Mayo,  Parks,  Patterson  of  Van  Buren,  Ray,  Rhodes,  Robinson, 
Smith,  Smoote,  Spivey,  Stillwell,  Stirman,  Stout,  Tatum,  Tot- 
ten  of  Prairie,  Turner,  Walker,  Wallace,  Yell  and  Mr.  Presi- 
dent—49. 

So  the  amendment  to  the  substitute  was  not  laid  oi\  the 
table. 

The  proposed  amendment  to  the  substitute  was  then  adopted. 

Mr.  Grifiith,  from  the  committee  on  enrollments,  made  the 
following' 

REPORT: 

Mr.  President — 

The  committee  on  enrollments  would  respectfully  report 
that  they  have  this  daj^  compared  the  enrolled  copies  with  the 
original  of  resolutions  in  relation  to  the  election  of  ofiicers  by 
volunteer  companies,  and  find  the  same  to  be  correctly  enrolled. 

S.  L.  GRIFFITH,  Chairman. 

Which  was  received. 

Mr.  Smoote  offered  to  amend  the  substitute  under  considera- 
tion by  inserting  between  the  words  "  war"  and  "  and  no 
longer,"  the  words  "  unless  sooner  repealed  by  the  legislature 
at  its  regular  session." 

Which  was  lost. 

The  substitute  as  amended  was  then  made  part  of  the  ordi- 
nance by  adoption. 

Mr.  Hanly  offered  the  following  as  an  additional  section: 

Sec.  ■ —  Be  it  further  ordaified,  That  should  this  M'ar  con- 
tinue beyond  the  constitutional  term  of  office  of  the  present 
governor,  and  it  shall  be  necessary  to  continue  the  said  advi- 
sers in  office,  and  an  election  is  made  of  successors  of  said 
advisers,  the  said  successors  shall  hold  their  office  for  the  full 
term  of  four  years,  and  until  their  successors  are  elected  and 
qualified  as  hereinbefore  provided  for,  and  so  on  at  every  four 
years  thereafter  until  the  war  is  concluded. 


THE    CONVENTION.  245 


Which  was  adopted. 

Mr.  Patterson  of  Jackson,  ofTered  the  following  as  an  addi- 
tional section:       * 

That  this  ordinance  shall  not  he  so  construed  as  to  place 
said  advisory  board  above  the  civil  power  of  the  state,  but 
that  the  same  shall  continue  subordinate  thereto. 

Mr.  Hanly  moved  to  lay  it  on  the  table,  on  which,  Mr.  Pat- 
terson called  for  the  yeas  and  nays,  which  being  sustained,  was 
ordered  and  had  with  the  following  result: 

Ykas — Messrs.  Austin,  Dolinger,  Bush,  Bussey,  Campbell) 
Carrigan,  Crenshaw,  Cochran,  Dodson,  Flannagin,  Fuller,  Gun- 
ter,  Hanly,  Hawkins  of  Ashley,  Hawkins  of  Sevier,  Hilliard, 
Hobbs,  Hobson,  Kelley,  Parks,  Ray,  Shelton,  Smith,  Smoote, 
Spivey,  Stillvvell,  Stirman,  Tatum  and  Yell — 29. 

Navs — Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Baber, 
Batson,  Carrigan,  Cryer;  Cypert,  Desha,  Dinsmore,  Dollarhide, 
Fishback,  Floyd,  Fort,  Garland,  Gould,  Griffith,  Hill,  Johnson, 
Keniiard,  Lanier,  INiansfield,  Mayo,  Murphy,  Patterson  of  Jack- 
son, Patterson  of  Van  Buren,  Rhodes,  Robinson,  Slemons,  Stout, 
Totten  of  Arkansas,  Totten  of  Prairie,  Turner,  Walker,  Wal- 
lace and  Mr.  President — 25. 

So  the  amendment  was  not  laid  on  the  table. 

]Mr.  President  stated  the  question  to  be  on  the  adoption  of 
the  proposed  additional  section. 

Which  was  not  adopted. 

Mr.  Fljyd  oflered  the  following  as  an  additional  section: 

Be  it  farther  ordained,  That  section  six  of  the  fifth  article 
of  the  constitution  of  the  State  of  Arkansas  be,  alid  the  same 
is  hereby  suspended,  and  shall  so  remain  suspended  until  the 
riose  of  "the  present  war;  and  the  military  board  herein  provided 
forshall  exercise  all  the  powers  of  the  commander-in-chief  of  the 
militia  of  this  state. 

Mr.  Gould  moved  to  lay  the  amendment  upon  the  table. 
Pending  which,  Mr.  Mansfield,  on  leave,  from  the  committee 
on  state  affairs,  made  the  following 

REPORT: 

Mr.    PRKSIDENT 

The  committee  on  state  aflairs  to  whom  was  referred  a 


246  JOUENAL    OF 


communication  from  the  Arkansas  state  telegraph  company, 
asking  aid  in  the  construction  of  a  line  of  telegraph  from  the 
city  of  Little  Rock  to  Fort  Smith,  have  ccyisidered  the  same 
and  other  propositions  of  said  company,  and  instructed  me  to 
report  the  ordinance  herewith  submitted  and  recommend  its 
passage. 

MANSFIELD,   Chairman, 

Which  was  received,  and  the  accompanying  ordinance  No. 
33,  entitled  "  an  ordinance  to  aid  the  Arkansas  state  telegraph 
company  in  building  a  telegraph  line  from  Little  Rock  to  Fort 
Smith,  in  said  state,"  was  read  for  information  and  placed  on 
the  calendar. 

Section  1.  Be  it  ordained  bij  the  pcoiplc  of  the  State  of  Arkan- 
sas in  convention  assembled,  That  the  sum  of  ten  thousand  dol- 
lars be,  and  the  same  is  hereby  appropriated  out  of  any  money 
in  the  treasury  not  otherwise  appropriated,  to  aid  the  Arkan- 
sas state  telegraph  company  to  build  a  line  of  telegraph  from 
the  city  of  Little  Rock  to  the  city  of  Fort  Smith,  in  this  state. 

Sec.  2.  Be  it  further  ordained,  That  one-half  the  sum  by 
this  ordinance  appropriated  shall  be  granted  and  paid  to  said 
telegraph  company  as  a  bonus  for  the  construction  of  said  line 
of  telegraph. 

Sec.  3.  Be  it  further  ordained.  That  the  remainder  of  said 
sum  hereby  appropriated,  shall  be,  and  the  same  is  hereby 
granted  and  advanced  to  said  telegraph  company  for  the  pur- 
poses aforesaid  upon  the  condition  that  said  company  shall 
repay  the  same  to  this  state  in  their  service  in  transmitting 
and  receiving  telegraphic  dispatches  for  this  state  at  the  usual 
rates  of  charges. 

Sec.  4.  Be  it  further  ordained.  That  fifteen  hundred  dollars 
of  the  sum  in  the  preceding  section  granted  ■end  advanced,  shall 
be  paid  to  said  company  by  the  treasurer  of  this  state  when 
the  said  line  of  telegraph  shall  be  completed  from  Little  Rock 
to  the  town  of  Lewisburg;  in  this  state;  that  fifteen  hundred 
dollars  of  the  same  shall  be  paid  to  said  company  vv.hen  said 
line  shall  be  completed  from  Little  Rock  to  Clarksville  in  this 
state,  and  the  remainder  of  said  sum  so  advanced,  shall  be 
paid  to  said  company  when  the  whole  of  said  line  shall' be 
completed  and  in  successful  operation. 

Sec  5.  Be  it  further  ordained.  That  before  any  part  of  the 
said  sum  of  ten  thousand  dollars,  by  this  ordinance  appropriat- 
ed, shall  be  paid  or  advanced  to  said  telegraph  company,  the 
president  and  contractor  of  said  company  shall  file  with  the 
auditor  of  state,  their  bond  to  the  State  of  Arkansas,  in  the 
sum  of  twenty  thousand   dollars,   with  three   securities,  to  be 


THE    CONVENTION.  247 

approved  b}^  the  auditor,  and  conditioned  that  said  Arkansas 
state  telegraph  company  shall,  within  forty  days  from  the  pas- 
sage of  this  ordinance,  procure  the  necessary  wire  and  begin 
the  construction  of  said  line  of  telegraph,  or  in  default  thereof, 
shall  repay  into  the  treasury  of  this  state  the  said  sum  of  five 
thousand  dollars,  by  this  ordinance  granted,  and  lo  be  paid  to 
said  company  as  a  iionus  for  the  construction  of  said  line  of 
telegraph;  and  conditioned  further,  that  said  company  will 
repa}',  in  the  manner  by  this  ordinance  provided,  to  this  state, 
the  sum  of  five  thousand  dollars,  by  this  ordinance  advanced  to 
and  to  be  repaid  by  said  company;  and  that  said  company  will 
employ  the  services  of  competent  and  faithful  operators  in  the 
transmission  and  rece[)tion  of  telegraphic  dispatches  on  said 
telegraph  wire;  and  shall  give  to  the  telegraphic  dispatches  of 
this  state  priority  and  preference  over  all  other  business;  and 
conditioned  further,  th^t  if  said  telegraph  company  shall  fail  to 
complete  and  put  in  successful  operation  the  whole  of  said 
telegraph,  within  the  space  of  four  months  from  the  passage  of 
this  ordinance,  then  they  shall  repay  to  the  State  of  Arkansas 
the  whole  sum  of  ten  thousand  dollars,  by  this  ordinance  appro- 
priated and  granted,  or  advanced  to  said  telegraph  company. 

Sec.  4.  Be  it  further  ordained,  That  this  ordinance  take  effect 
and  be  in  force  from  and  after  its  passage. 

On  motion   of  ]Mr.  Flanagin,  the  convention  took  a  recess 

until  3  o'clock,  p.  m. 


3   o'clock,  r,  M. 
Convention  met. 
Roll  called. 

present: 
Messrs.  Adams  of  Phillips,  Baber,  Batson,  Bolinger,  Bush> 
Bussey,  Campbell,  Carrigan,  Clingman,  Crenshaw,  Cryer,  Coch- 
ran, Dinsmore,  Dodson,  Dollarhide,  Flanagin,  Floyd,  Fort,  Ful- 
ler, Garland,  Gould,  Griflith,  Guntcr,  Hawkins  of  Ashley,  Haw- 
kins of  Sevier,  Hilliard,  Ilobbs,  Kellcy,  Lanier,  Mansfield, 
Murphy,  Parks,  Patterson  of  Jackson,  Patterson  of  Van  Buren, 
Ray,  Rhodes,  Robinson,  Shelton,  Slcmons,  Smith,  Smoote,  Spi- 
vey,Stallings,  Still  well,  Stirman,  Stout,  Tatum,  Turner,  Walker, 
Wallace,  Yell  and  Mr.  President — 50.  • 


248  JOURNAL    OF 


On  motion  of  Mr.  Floyd,  the  papers  accompanying  the  mes- 
sage of  his  excellency,  Gov.  Rector,  and  referred  to  the  com- 
mittee on  state  affairs  this  morning,  were  referred  to  the  com- 
mittee on  military  affairs. 

Mr.  Floyd  then  withdrew  the  amendment  offered  by  him, 
pending  this  morning,  and  in  lieu  thereof  offered'the  following- 
amendment: 

The  board  shall  be  governed,  in  all  things,  by  the  rules  and 
articles  of  war,  and  laws,  as  ihey  now  exist  in  the  government 
of  the  Coni'ederate  States  of  America,  and  the  laws  of  the 
State  of  Arkansas,  where  their  duties  are  not  specified  in  this 
ordinance.  But  so  much  of  the  state  constitution,  and  all  laws 
oi  this  state,  inconsistent  and  in  conflict  with  this  ordinance, 
are  hereby  suspended  during  the  operatipn  of  this  ordinance. 

Which  was  adopted. 

Mr.  Lanier  offered  the  following  amendment: 

"  The  military  board  hereby  created,  shall  have  no  power  to 
send  into  the  field  any  volunteer  or  other  military  force  under 
pay  of  the  state,  until  the  same  shall  have  first  been  tendered 
to  the  Confederate  States,  and  their  services  shall  have  been 
refused,  unless  in  cases  of  insurrection  or  invasion,  or  the  state 
be  in  imminent  danger  by  delay." 

Which  was  laid  upon  the  table. 

Mr.  Adams,  of  Phillips  offered  to  amend  the  first  section  by 
striking  out  the  words  "  the,"  in  the  second  line,  and  "  governor 
and  two  advisers,"  in  the  third  line,  and  insert  "three  compe- 
tent and  discreet  citizens  of  this  state." 

Also,  by  striking  out  all  of  the  fifth  line,  including  and  after 
the   word  "  said,"    and   all   of  the   6th  line,  and  insert,  "  who 

shall  receive  for  their  services  the  sum  of  dollars  per 

annum." 

Which  amendment  was  lost. 

Mr.  Hanly  moved  to  amend  as  follows: 

Amend  the  2d  line  of  2d  section,  as  follows: 

Strike  out  the  words  "  all  the,"  and  insert  '•  its."  Strike  out 
the  words  "of  the  board"  and  "of  all,"  and  in  the  4th  line 
insert  the  words  "  the  same"  between  the  words  "  order"  and 
"to." 

Which  amendment  w^as  adopted. 

Mr.  Hanly  also  offered  the  following  amendment: 

In  the  3d  section,  7th  line,  strike  out  the  words  "all  the,"  and 


THE    CONVENTION.  249 

insert  "  t^uch;"  in  the  same  line  and  section,  strike  out  the  word 
"  nece?saiy,"  and  insert  '-as,"  and  in  the  11th  line,  same  sec- 
tion, strike  out  the  word  "  governm  Mit,"  and  iui^crt  "  States  of 
America,"  and  in  the  12th  line,  same  section,  strike  out  the 
word  "  Confederate."  And  also  strike  out  the  words  "and  as'' 
in  the  7th  line  of  the  third  section. 

Which  amendment  was  also  adopted. 

Mr.  Hanly  further  moved  to 

Amend  the  2d  line,  Cth  section,  by  striking  out  the  word 
"  them"'  and  insert  the  word  ''  it,"  and  l)y  striking  out  the  words 
in  same  line  and  section,  "  of  the  board,"  and  inserting  in  lieu 
of  the  word  "  thereof." 

Also,  to 

Amend  the  2d  line,  7th  section,  by  striking  out  the  word 
"  now,"  and  amend  the  third  line,  same  section,  by  striking  out 
the  word  "  now"  and  insert  "hereafter." 

Which  was  adopted. 

]Mr.  Turner  offered  to  amend  the  0th  section  by  striking  out 
the  word  "  of,"  in  the  first  line,  and  inserting  the  word  "  at;" 
which  was  adopted. 

Mr.  Carrigan  ofTered  to  amend  the  6th  section  by  inserting 
after  the  word  "  board,"  in  the  first  line,  the  words  "  when  pre- 
sent;" which  was  lost. 

Mr.  Tatum  moved  to  amend  the  first  section  by  striking  out 
tlie  words  "  to  be,"  in  the  third  line,  and  inserting  the  words 
''  said  advisers  shall  be;"  which  was  adopted. 

On  motion  of  Mr.  Gould,  the  w^ord  "  hereafter."  in  the  'Jd 
line  of  the  7th  section  was  stricken  out,  and  the  words  "  now 
specially"  were  restored. 

Mr.  Batson  ofTered  to  amend  the  0th  section  by  striking  out 

all  of  said  section  down  to  the  word  "  shall,"  in  the  second  line, 

and  inserting  in  lieu  thereof  the  following: 

That  the  governor,  or  either  of  such  advisrf'rs,  may  call  a 
meeting  of  the  board,  and  two  of  the  members  of  such  board 
shall  constitute  a  quorum.  The  governor,  when  present,  shall 
be  the  presiding  officer  at  the  meetings  of  said  board,  and  in 
all  matters,  by  this  ordinance  entrusted  to  them,  a  majority  of 
those  present  shall  rule. 

Which  was  adopted. 

Mr.  Cypert   moved  to  amend   the  ordinance  by  striking  out 

the  whole  of  the  8th  section;  which  motion  prevailed. 


250  JOURNAL    OF 


Mr.  Kennard  moved  to  amend  the  5th  section  by  striking  out 
the  words  "  so  much,"  in  the  4th  line,  and  inserting  the  words 
"  anything  in;"  which  motion  prevailed. 

Mr.  Lanier  offered  the  following  amendment  to  the  ordi- 
nance: 

The  whole  military  operations,  offensive  and  defensive,  of 
this  state,  in  the  impending  conflict  with  the  United  States,  shall 
be  under  the  chiet  control  and  direction  of  the  President  of 
the  Confederate  States. 

Which,  on  motion  of  Mr.  Yell,  was  laid  on  the  table. 

The  question  was  then  stated,  by  Mr.  President,  to  be  on  the 
adoption  of  the  ordinance,  as  amended. 

Upon  which  Mr.  Robinson  called  for  the  yeas  and  nays, 
which  call  being  sustained,  was  ordered  and  had  with  the  fol- 
lowing result: 

Yeas  —  Messrs.  Adams  of  Izard,  Austin,  Baber,  Batson, 
Bolinger,  Bush,  Campbell,  Carrigan,  Crenshaw,  Cypert,  Coch- 
ran, Desha,  Dinsmore,  Dodson,  Fishback,  Flanagin,  Floyd, 
Fort,  Fuller,  Garland,  Gould,  Griffith,  Gunter,  Hawkins  ot 
Ashley,  Hawkins  of  Sevier,  Hill,  Hilliard,  Hobbs,  Hobson, 
Johnson,  Kelley,  Kennard,  Mansfied,  Parks,  Patterson  of  Van 
Buren,  Ray,  Rhodes,  Shelton,  Smith,  Spivey,  Stallings,  Stillwell, 
Stirman,  Stout,  Totten  of  Arkansas,  Totten  of  Prairie,  Turner' 
Walker,  Yell  and  Mr.  President— 50. 

Navs — Messrs.  Adams  of  Phillips,  Bussey,  Clingman,  Cryer 
Uollarhide,  Hanly,  Lanier,  Mayo,  Murphy,  Patterson  of  Jack- 
son, Robinson,  Slemons,  Smoote,  Tatum  and  Wallace — 15. 

So  the  ordinance,  as  amended,  was  adopted. 

Mr.  Smoote,  from  the  committee  on  ways  and  m.eans,  made 
the  following 

k  REPORT: 

Mr.  President — 

The  committee  on  ways  and  means,  to  whom  was  refer- 
red the  several  accounts  hereto  attached,  one  marked  "  exhibit 
A,"  one  "exhibit  C,"  and  one  •'  exhibit  D,"  have  instructed  the 
undersigned  to  report  back  that  they  have  examined  said 
accounts,  and  find  the  same  correct.  That  exhibits  "  A"  and 
"  C"  are  accounts  of  moneys  paid  out  by  Hon.  David  Walker, 
on  account  of  telegraphic  dispatches,  and  amount  to  sum  of 


THE    CONVENTION.  251 

six^-seveu  dollars  and  sixty-five  cents;  that  said  sum  is  <^^ue  to 
him,  and  the  same  is  hereby  recommended.  That  exhibit  "D" 
is  an  account  due  Trumpler  &  Day  for  keys  and  box  for  state 
house  doors,  amounting  to  two  dollars  and  fifty  cents,  the  pay- 
ment ot  which  is  hereby  recommended. 

All  of  which  is  hereby  respectfully  submitted. 

STALLINGS,   Chairman. 

Whicli  was  read  and  adopted. 

On  motion  of  Mr.  Gould,  the  auditor  wa'?  directed  to  draw 
his  warrant  on  the  treasurer  for  the  above  amounts. 

Mr.  Still  well,  on  leave,  presented  a  memoral  of  S.  II.  Tucker 
&  Co.,  which,  on  his  motion,  without  being  read,  was  referred 
to  the  committee  on  ways  and  means. 

On  motion  of  Mr.  Griffith,  the  report  of  the  committee  to 
whom  was  referred  a  resolution  relative  to  selecting  a  commis- 
sioner to  the  Indian  Nations  on  our  western  frontier,  was  taken 
up. 

]Mr.  Turner  stated  that  tlie  health  of  Mr.  Bean,  the  person 
recommended  in  said  report  as  a  suitable  one  for  such  position, 
would  not  permit  him  to  accept  of  such  appointment. 

Whereupon,  on  motion  of  ]Mr.  Johnsen,  the  name  of  Capt. 
Albert  Pike  was  inserted  in  lieu  thereof;  and  the  report  as 
amended  was  adopted. 

j\lr.  Flanagin  oflered  the  following 

RESOLUTION: 

Rcsdivcd,  That  the  military  board  be  requested  to  inquire  as 
to  the  necessity  of  appointing  an  agent  to  Indian  tribes  west  of 
this  state,  e-nd  act  as  their  judgment  may  suggest. 

Which,  after  discussion,  was  withdrawn. 

Mr.  Gould  introduced 

ORDINANCE  No.  34. 

An  ORDtNANCE  to  Ycpcal  an  act  of  the  General  Axscmhhj  of  the 
State  if  Arkansas,  approved  January  15,  18(51"  entitled  "  an  act 
Jo  establish  nine  judicial  circuits  in  this  state.'''' 

It  is  hereby  ordained  hy  the  prop'c  of  the  State  of  Arkansas  in 
convention  assembled,  That  an  act 'of  the  General  Assembly 
thereof,  approved  .January  J.^,  1801,  entitled  "  an  act  to  estab- 
lish nine  judicial  circuits  in  this  state,"  be,  and  the  same  is  hereby 
rej^ealed. 


252  JOURNAL    OF 


Sec.  2.  That  all  laws  and  parts  of  laws  which  were  replied 
by  said  act  of  the  General  Assembly,  are  hereby  revived  and 
declared  to  be  in  full  force  and  effect. 

Sec.  3.  This  ordinance  shall  take  effect  from  and  after  its 
passage. 

Which  was  read,  and 

On  motion  of  Mr.    Gould,  referred  to  the  committee  on  the 

judiciary. 

Mr.  Robinson  offered  the  following 

RESOLUTION: 

Resolved,  By  this  convention  that  the  committee  on  the  landed 
interest  of  the  state  be  instructed  to  report  by  b^l  or  otherwi.se, 
authorizing  th*'  proper  authority  to  make  deeds  in  due  form  to 
all  lands  heretofore  sold  by  the  state  as  swamp  and  overflowed 
land,  which  land  has  not  been  heretofore  conlirmed  to  ihe  state 
b}'  the  late  government  of  the  United  States. 

Mr.  Totten,  of  Prairie,  offered  the  following  as  an  amend- 
ment: 

"  And  also  to  those  lands  sold  in  the  United  States  land  offi- 
ces, which  have  not  been  patented  thereby." 

Which  was   accepted,   and  the  resolution   as   amended   was 

referred  to  the  committee  on  landed  interests. 

Mr.  Hanly  offered  the  following 

RESOLUTION: 

Resolved,  That  the  commissioner  appointed  by  this  conven- 
tion to  the  Indian  tribes,  shall  be  allowed  the  sum  of  five  dol- 
lars per  day  as  compensation  for  his  services  ckiring  the  time 
he  may  be  employed  in  said  service,  and  besides  this,  shall  be 
reimbursed  in  all  sums  he  may  necessarily  expend  in  ihe  per- 
formance of  his  duties  as  such  commissioner,  and  that  the 
auditor  of  the  state  be,  and  he  is  hereby  directed  to  issue  his 
M'arrant  on  the  treasurer  for  the  same. 

Mr.  Desha  moved  to  amend  the  resolution  by  striking  out 
"  five  dollars,"  and  inserting  '•  ten  dollars,  and  such  mileage  as 
is  now  allowed  to  members  of  this  convention." 

Which  was  accepted,  and  the  resolution  was,  on  leave,  vyith- 
drawn  for  the  present  by  Mr.  Hanly. 

Mr.  Carrigan  moved  that  the  convention  proceed  to  the  elec- 


THE    CONVENTION.  253 

tion^of  the  two  advisers  provided   for  bj'  the   adoption  of  ordi- 
nance No.  20^. 

Which  was  lost  on  division. 

On  motion    of   Mr.  Goukl,  the    convention  adjourned   until 
to-morrow  morning  9  o'clock. 

DAVID  WALKER, 

President. 


^^-^  -<<^»-  »*--^^i 


•  Thursday,  May  10///,   l&GI. 

Convention  met  pursuant  to  adjournment. 
Roll  called. 

present: 

Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin,  Baber, 
Batson,  Bolinger,  Bush,  Bussey,  Campbell,  Carrigan,  Clingman, 
Crenshaw,  Cryer,  Cypert,  Cochran,  Desha,  Dinsmore,  Dod- 
son,  Dollarhide,  Fishback,  Flanagin,  Floyd,  Fuller,  Garland, 
Gould,  Grace,  Griffith,  Gunter,  Hanly,  Hawkins  of  Ashley, 
Hawkins  of  Sevier,  Hill,  Hilliard  Ilobbs,  llobson,  Johnson, 
Kelly,  Kennard,  Lanier,  Mansfield,  Mayo,  Murphy,  Parks, 
Patterson  of  Jackson,  Patterson  of  Van  Buren,  Ray,  Rhodes, 
Robinson,  Shelton,  Slemons,  Smith,  Smoote,  Spivey,  StaHings, 
Stillwell,  Stirman,  Stout,  Tatum,  Totten  of  Arkansas,  Totten 
of  Prairie,  Turner,  Walker,  Wallace,  Yell  and  Mr.  Presi- 
dent— {)(). 

The  journal  of  yesterday  was  read,  approved  and  signed. 

Mr.  President  presented  a  communication  froiu  the  governor 
which  was  read,  together  with  a  freight  account  of  the  steam- 
boat Notrebe,  which,  upon  motion  of  Mr.  Flanagin  was  refer- 
red to  the  committee  on  waj's  and  means. 

Mr.  President  also  presented  a  communication  from  ]\Ir.  A. 


254  JOURNAL    OF 


•J.  Ward,  contractor  of  the  penitentiary,  which,  upon  motion  of 
Mr.  'Flanagin,  was  laid  upon  the  table  for  the  present. 

On  motion  of  Mr.  Flanagin  the  rules  were  suspended  to  go 
into  the  election  of  the  military  board,  provided  for  in  the  ordi- 
nance passed  yesterday. 

Mr.  Gould  moved  that  the  election  be  by  ballot,  which 
motion  prevailed,  and  Messrs.  Hanly  and  Garland  were  ap- 
pointed tellers. 

Mr.  President  announced  that  nominations  would  be  in  order, 
whereupon,  Mr.  Griffith  nominated  Dr.  L.  Gibson. 

Mr.  l>esha  nominated  Capt.  C.  C.  Danley. 

Mr.  Hilliard  nominated  Hon.  Samuel  W.  Wiyiams. 

Mr.  Smith   nominated   Hon.    Geo.    C.  Watkins. 

Mr.  Turner  nominated  Gordon  N.  Peay,  esq. 

Mr.  Tatum  nominated  Hon.  B.  C.  Totten. 

There  being  no  further  nominations  the  ballot  was  taken,  and 
it  appeared  that  Mr.  Gibson  received  24  votes. 

Mr.  Danly  received  34  votes. 

Mr.  Williams  received  32  votes. 

Mr.  Watkins  received  5  votes. 

Mr.  Peay  received  4  votes. 

Mr.  B.  C.  Totten  received  33  votes. 

Necessary  to  a  choice  34  votes. 

It  appearing  that  C.  C.  Danly  had  received  a  majority  of  all 
the  V :)te3  cast,  he  was  declared  duly  elected  as  one  of  the  ad- 
visers in  said  military  board. 

Mr.  President  then  stated  that  the  ballot  would  again  be  taken 
for  the  election  of  the  remaining  member  of  said  board. 

Mr.  Turner  withdrew  the  name  of  Gordon  N.  Peay. 

Mr.  Hilliard  withdrew  the  name  of  Sam  W.  Williams. 

Mr.  Smith  withdrew  the  name  of  Geo.  C.  Watkins. 

The  ballot  being  taken  it  appeared  that 

Mr.  Gibson  received  30  votes. 

Mr.  Totten  received  35  votes. 

Mr.  Williams  received  1   vote. 

The  Hon.  B.  C.  Totten,  having  received  a  majority  of  all  the 


THE    CONYEXTION.  255 


votes^cast,  was  declared  duly  elected  a  member  of  said  mili- 
tary board. 

Mr.  Hanly  introduced 

ORDINANCE  No.  35. 

Entitled  "  an  ordinance  prescribing  an  oath  to  be  taken  by  all 
military  and  civil  >:llicers,  and  non-commissioned  military  ofli- 
cers  and  privates  in  the  service  of  this  state,  and  for  other  pur- 
poses." 

Which  was  referred  to  the  committee  on  the  judiciary. 

Blr.  Smoote  offered  the  following 

RESOLUTION: 

Resolved,  That  a  copy  of  the  ordinance  passed  by  this  con- 
vention on  the  15th  day  of  May,  A.  D.  1801,  to  create  a  mili- 
tary board  for  the  State  of  Arkansvas,  duly  signed  and  certified 
be  furnished  immediately  to  his  excellency,  Henr}'  M.  Rector, 
b}'  the  secretary  of  this  convention,  together  with  the  names  of 
the  persons  elected  as  advisers  thereunder,  and  also  to  furnish 
each  such  advisers  with  a  copy  of  said  ordinance. 

Which  resolution  was  adopted. 

]\Ir.  Lanier  introduced 

ORDINANCE  No.  3G. 

Be  it  ordained  hy  i/ie  people  of  the  Slate  of  Arkansas  in 
convention  assembled,  That  in  the  second  line  of  section  1st. 
article  7th  of  the  constitution  of  the  State  of  Arkansas,  the 
words  "  without  t/ie  consent  of  the  oiniers;''^  be,  and  the  same  are 
hereby  stricken  out,  and  the  section  changed  so  as  to  read 
"  The  General  Assembly  shall  have  no  power  to  pass  laws  for 
the  emancipated  slaves." 

Which  was  referred  to  the  committee  on  judiciarj'. 
On  motion  of  Mr.  Kennard,  secrecy  was  removed  from  ordi- 
nance No.  20i^. 

Mr.  Kelley  introduced 

ORDINANCE  No.  37. 

Entitled  "An  ordinance  to  provide  for  the  huhJing  an  elec- 
tion thronghmit  this  state  to  obtain  an  expression  of  the  peo- 
ple thereof,  touching  the  expediency  of  adopting  or  rejecting 
the  permanent  constitution  of  the  Southern  Confederacy." 


256  JOURNAL    OF 


Which  was  referred  to  the  committee  on  state  affairs,  jvith- 
out  being  read.  • 

Mr.  Totten,  of  Arkansas,  introduced 

ORDINANCE  No.  38, 

Entitled  "An  ordinance  to  define  the  right  of  citizenship  in 
the  vState  of  Arlcansas." 

Wliich  was  referred  to  the   co.nimittee  on  judiciary  without 
being  read. 

Mr.  Flanagin  introduced  *  ^ 

ORDINANCE  NO.  39, 

Entitled  "An  ordinance  to  regulate  the  sale  of  property  on 
execution." 

Which  was  read,  and  on  motion  of  Mr.  Grace,  referred  to 
the  committee  on  the  judiciary. 
Mr.  Tatum  offered  the  following 

RESOLUTION: 

Resolved,    That  the  committee  on  the  judiciary  be  instructed 
to  report  at  as  early  a  day  as  practicable  a  general  relief  law. 

Which,  on  motion  of  Mr.  Gould  was  adopted. 
Mr.  Hanly  from  the  committee  on  judiciary,  made  the  follow- 
ing 

REPORT: 

Mr.   President — 

The  committee  on  judiciary.,  to  whom  was  referred  the 
accompanying  ordinance,  have  had  the  same  under  considera- 
tion and  instruct  me  to  report  the  ordinance  herewith  tendered, 
as  a  substitute,  all  of  which  is  respectfully  submitted. 

HANLY,  Cliairman. 

Which  report,  together  with  the  following  ordinance,  was 
read  and  received,  and  the  ordinance  placed  upon  the  calendar. 

ORDINANCE  No.  40. 

An  Ordinance  For  the  relief  rf  such  citizens  of  the  State  of  Aj  - 
kansr/s,  as  may  be  engaged  in  the  military  service  of  the  State  of 
Arkansas,  or  of  the  Confede?ate  States. 
Be  it  ordained  by  the  peoiph  of  the  State  of  Arkansas  in  con- 

ventiqn  assembled,  That  hereafter  no  writ  of  attachment  .^hail 


THE    CONVENTION.  257 

issue  against  the  property  of  any  citizen  of  this  state,  unless 
the  creditor,  or  some  person  for  him,  shall  in  the  alTidavir  now 
required  bylaw,  further  state  and  swear  that  the  defendant  is 
not  engaged  in  the  military  service  of  the  State  of  Arkansas, 
or  of  the  Confederate  States. 

Be  it  fiirihcr  ordained,  That  service  of  any  writ  or  notice, 
upon  a  citizen  of  this  state,  who  is  engaged  in  the  military  ser- 
vice of  this  state  or  the  Confederate  States,  shall  be  by  deliver- 
ing to  such  person  a  true  copy  of  such  writ  or  notice,  and  such 
service  may  be  proven  by  the  return  of  any  commissioned 
military  officer  of  this  state  or  the  Confederate  States. 

Be  it  further  ordained,  That  it  shall  be  good  cause  for  con- 
tinuance of  any  cause  pending  in  any  court,  that  the  defend- 
ant is  in  the  military  service  of  this  state,  or  the  Confederate 
States,  that  he  has  a  meritorious  defence,  and  that  the  same 
cannot  be  made  without  his  personal  attendance,  which  facts 
shall  be  verified  by  affidavit  of  some  person  for  defendant. 

Be  it  further  ordained,  That  all  statutes  of  limitations,  and 
non-claim  be  suspended  in  favor  of  anil  against  every  person 
engaged  in  the  military  service  of  this  state  or  the  Confederate 
States  during  the  time  of  their  service. 

Be  itjarthcr  ordained.  That  no  execution  shall  issue  against 
the  property  of  any  citizen  of  this  state  while  in  the  military 
service  of  this  state  or  the  Confederate  States,  unless  the  plain 
tiff  or  some  person  for  him,  shall,  at  the  time  of  applying  for 
such  writ,  make  and  file  an  affidavit  that  the  property  of  de- 
lendant  is  about  to  be  removed  from  the  count}'. 

lie  it  further  ordaijicd.  That  judgments  before  justices  of  the 
peace  shall  be  a  lien  on  personal  property,  and  judgments  and 
decrees  of  the  circuit  court  shall  be  a  lien  on  personal  property 
as  well  as  upon  real  estate. 

Be  it  further  ordained.  That  this  ordinance  may  be  repealed 
in  part  or  in  whole  by  legislative  enactment. 

Mr.  Hanly  also  made  the  following  report  from  the  commit- 
tee on  judiciary: 

Mr.  PREsmEXT — 

The  committee  on  judiciary  instruct  mo  to  report  the 
accompanying  resolution  back  to  the  convention  and  recom- 
mend its  adoption. 

*    IIANLY,   Chairman. 

Resolved,  That  this  convention  should  not  assume  legislative 
powers  further  than  are  necessary  as  incidents  growing  out  of 
the  change  of  our  federal  relations,  and  providing  for  the  im- 
mediate defence  of  the  state  by  placing  her  militia  upon  a  war 
footing. 

17 


258  JOURNAL    OF 


"Which  report  was  read   and  received,    and   the  resolution 
placed  upon  the  calendar. 

Mr.  Hanly,  from  the  same  committee,  made  the  tollowing 

REPORT: 

Mr.  President — 

The  committee  on  judiciary,  to  whom  was  referred  the 
accompanying  ordinance,  have  had  the  same  un^er  considera- 
tion, and  instruct  me  to  report  that  they  recommend  the  passage 
of  the  ordinance  herewith  submitted,  as  a  substitute. 

HANLY,  Chairman. 

Which  report  was  read  and  received,  and  the  following  ordi- 
nance recommended,  was  placed  upon  the  calendar: 

ORDINANCE  No.  41. 

An  Ordinance  To  suspend  the  sale  of  lands  mortgaged  to  the  slate 
to  secure  stock  subscriptions  to  the  Real  Estate  Bank  of  the 
State  of  Arkansas. 

1.  jBe  it  ordained  bi/  the  people  of  the  State  of  Arkansas  in 
convention  assembled,  That  the  act  of  the  General  Assembly  of 
this  state,  entitled  "  an  act  to  aid  the  foreclosure  of  the  stock 
mortgages  given  to  secure  stock  subscriptions  to  the  Real 
Estate  Bank  of  the  State  of  Arkansas,"  approved  the  IGth  day 
of  January,  1861,  be,  and  the  same  is  hereby  so  amended  as  to 
prohibit  the  sale  of  any  and  all  lands  under  any  decree  of  fore- 
closure, under  said  act,  until  after  the  expiration  of  six  months 
from  the  time  that  peace  may  be  declared  between  the  govern- 
ment of  the  United  States  and  the  Confederated  States  of 
America. 

2.  Be  it  further  ordained,  That  any  sale  made  of  any  lands 
mortgaged  to  the  Real  Estate  Bank  of  the  State  of  Arkansas, 
to  secure  stock  subscriptions,  under  a  decree  rendered  in  pursu- 
ance of  the  act  aforesaid,  prior  to  the  time  aforesaid,  be  and 
the  same  is  hereby  declared  to  be  utterly  void  and  of  no  effect. 

Sec.  11.  Be  it  further  ordained,  That  this  ordinance  may 
be  repealed  at  any  time  by  legislative  enactment. 

Mr.  Hanly,  from  the  same  committee,  made  the  following 

REPORT: 
Mr.  President — 

The  committee  on  judiciary,  to  whom  was  referred 
the  ordinance  entitled  "  an  ordinance  to  amend  the  third  article 
of  the  constitution   of  this  state,"  have  had  the   same  under 


THE    CONVENTION.  259 

consideration,  and  instruct  me  to  report  that  they  do  not  ap- 
prove the  policy  of  the  ordinance  in  (juestion,  thinking,  as  they 
d  ),  that  the  military  exigencies  of  the  times  do  not  require  the 
blending  of  the  departments  of  the  government  of  the  state  in 
in  the  same  individual;  for  your  committee  feel  well  satisfied, 
from  their  knowledge  of  the  state  of  popular  feeling  that  is 
abroad  throughout  the  land,  that  all  the  military  wants  can  be 
supplied  without  drawing  upon  those  who  are  in  the  employ- 
ment of  the  state,  in  either  of  the  other  two  departments  of 
the  government.  Whilst  your  committee  are  disposed  to  com- 
mend the  military  zeal  and  patriotism  of  their  fellow-citizens, 
they  cannot  but  express  their  unwillingness  to  encourage  those 
holding  civil  offices,  belonging  to  the  other  departments,  to 
relinquish  their  service  for  the  purpose  of  taking  upon  them- 
selves the  performance  of  military  office  duties,  deriving  and 
receiving  pay  or  compensation  for  like  offices  at  the  same  time. 
Your  committee,  therefore,  in  view  of  these  considerations, 
respectfully  recommend  to  your  honorable  body  not  to  pass  the 
ordinance  in  question,  but  to  leave  the  constitution,  in  this  re- 
spect, unchanged. 

All  of  which  is  respectfully  submitted. 

HANLY,   Chairman. 

Mr.  Smith  offered  the  following 

RESOLUTION: 

Resolved,  That  the  committee  on  judiciary  investigate  and  re- 
port to  this  convention  as  to  how  far  and  in  what  respect  the 
severing  of  the  federal  relations  of  this  state  with  the  United 
States,  affects  the  constitution  and  laws  of  this  state,  and  also  that 
said  committee  report  such  alterations  and  amendments  to  said 
constitution  and  laws  of  this  state,  in  consequence  thereof,  as 
in  their  judgment  may  seem  proper. 

Which  was  read  and  adopted. 

0:i  motion  of  Mr.  Garland,  75  copies  of  ordinance  No.  40 
were  ordered  to  be  printed  for  the  use  of  the  convention. 

Mr.  Griffith,  from  the  committee  on  enrollments,  made  the 
following 

REPORT: 

Mr.  President — 

The  committee  on    enrollments  respectfully  report  that 
they  have  this  day  compared  the  enrolled  copy  with  the  origi- 


260       '  JOUKNAL    OP 


nal  of  an  ordinance,  entitled  an  ordinance  to  create  a  military 
board  for  the  State  of  Arkansas,  and  find  the  same  correct. 

GRIFFITH,  Chairman. 

Which  was  received. 

On  motion  of  Mr.«Totten  of  Arkansas,  the  consideration  of 
the  ordinances  in  relation  to  military  affairs  was  resumed. 

Ox"dinances  Nos.  20  and  30  were  read,  and  ordinance  No.  23 
was  included  though  not  read. 

Mr.  Yell  moved  to  take  up  ordinance  No.  30. 

Mr.  Fishback  moved  to  amend  by  taking  up  ordinance  No. 
20;  which  amendment  was  lost,  and  the  motion  of  Mr.  Yell 
prevailed. 

Mr.  Hanly  moved  to  refer  ordinance  No.  30  to  committee  of 
the  whole;  which  motion  prevailed. 

Mr.  Patterson  of  Jackson  offered  the  following 

RESOLUTION: 

Resolved,  That  this  convention  shall  hereafter  meet  at  9  a. 
m.,  and  sit  till  3  p.  m.,  unless  otherwise  ordered  by  a  majority 
of  two-thirds. 

Which,  after  some  discussion,  was  withdrawn;  and. 
On  motion  of  Mr.  Hanly,  the  convention  took  a  recess   until 
3  o'clock,  p.  m. 


3  o'clock,  p.  m. 


Convention  met. 
Roll  called.      - 


present: 

Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin,  Raber, 
Batson,  Bolinger,  Bush,  Bussey,  Campbell,  Crenshaw,  Carrigan^ 
Clingman,  Cypert,  Cochran,  Desha,  Dinsmore,  Dodson,  Dol- 
larhide,  Flanagin,  Floyd,  Fort,  Fuller,  Garland,  Gould,  Grace, 
Griffith,  Gunter,  Hanly,  Hawkins  of  Ashley,  Hawkins  of  Sevier, 
Hilliard,  Hobbs,  Hobson,  Johnson,  Kelley,  Lanier,  Mansfield, 


THE    CONVENTIOX.  261 

Mayo,  Murphy,  Parks,  Patterson  of  Jackson,  Patterson  of  Van 
Buren,  Ra)",  Rhodes,  Robinson,  Shelton.  Slemons,  Smith,  Snioote, 
Sta]iings,Stilhvell,  Stirrnan,  Stout,  Tatuni,  Totten  of  Arkansas, 
Turner,  Walker,  Yell  and  Mr.  President — 59. 

The  convention  the:;  resolved  itself  into  committee  of  the 
whole,  to  consider  of  ordinance  No.  30,  entitled  "  an  ordinance 
to  create  a  military  corps  for  active  service  for  the  State  i)f 
Arkansas." 

After  some  time  spent  in  such  deliberation,  the  committee 
rose,  and  through  their  chairman,  ]Mr.  Gould,  reported  progress, 
and  asked  leave  to  sit  again  to-morrow  morning  U  o'clock. 

On  motion  of  Mr.  Clingman,  the  report  was  adopted. 

On  motion  of  Mr.  Johnson,  the  convention  adjourned  until 
to-morrow  morning  9  o'clock. 

DAVID   WALKER, 

President. 


Friday,  Maij  17///,   ISGl. 

Convention  met  pursuant  to  adjournment. 
Roll  called. 

present: 

Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin,  Baber, 
Batson,  Bolinger,  Bush,  Bussey,  Campbell,  Carrigan,  Cling- 
man, Crenshaw,  Cryer,  Cypert,  Cochran,  Desha,  Dinsmore, 
Dodson,  Dollarhide,  Fishback,  Flanagin,  Floyd,  Fort,  Fuller, 
Garland,  Gould,  Grace,  Griffith,  Gunter,  Hanly,  Hawkins  of 
Ashley,  Hawkins  of  Sevier,  Hill,  Hilliard,  Hobbs,  Hobson, 
Johnson,  Kelley,  Kennard,  Lanier,  Mansfield,  Mayo,  Murphy, 
Parks,  Patterson  of  Van   Buren,  Ray,  Rhodes,  Robinson,  Shel- 


262  JOURNAL    OF 


ton,  Slemons,  Smith,  Smoote,  Spivey,  Stallings,  Stillwell,  Stir- 
man,  Stout,  Tatum,  Totten  of  Arkansas,  Turner,  Walker, 
Wallace,  Yell  andMr.  President— 6G. 

The  journal  of  yesterday  was  read,  approved   and  signed. 

Mr.  Mansfield  offered  the  following  ' 

RESOLUTION: 

Resolved,  That  the  president  of  this  convention  be  requested 
immediately  to  inquire,  by  telegraph,  what  action  has  been 
taken  by  the  government  at  Montgomery  for  the  delence  of 
the  eastern  and  western  frontiers  of  Arkansas,  and  to  make 
such  suggestions  in  reference  to  the  condition  of  these  frontiers 
as  he  may  think  proper. 

Which,  on  motion  of  Mr.  Baber,  was  adopted. 
Mv.  Turner,  on  leave,  offered  ihe  following 

ORDINANCE  No.  42. 

An  Ordinance /or  the  relief  of  M<tj.   R.   C.   Gallin. 

Whereas,  Major  R.  C.  Gatlin,  of  the  United  States  army, 
while  on  a  recent  visit  to  his  friends  at  Fort  Smith,  was  arrested 
and  made  a  prisoner  of  war  by  the  authorities  of  the  State  of 
Arkansas,  and  released  on  parole;  Aud  whereas,  Major  Gatlin 
is  represented  to  be  a  true  and  loyal  son  oi  the  South,  ready 
and  anxious  to  resign  his  position  in  the  Unittd  States  army, 
and  to  embark  in  the  service  of  the  Confederate  States  of 
America,  but  is  unable  to  do  so,  until  relieved  from  his  situa- 
tion as  a  prisoner  of  war: 

Be  it  therefnre  ordained  bij  the  pcrjple  of  Arkansas,  in  cnnven- 
tion  assembled,  That  the  said  Major  11.  C.  Gatlin  be,  and  he  is, 
hereby  released  from  said  arrest  and  imprisonment,  and  absolved 
from  all  the  liabilities  and  obligations  incident  thereto,  and  re- 
stored to  his  freedom  as  fully,  in  all  respects,  as  if  said  arrest 
iiad  never  been  made. 

Which  was  adopted. 

Mr.  President  presented  a  memorial,  signed  by  sundry  citi- 
zens of  Van  Buren,  asking  aid  to  resist  threatened  invasion  of 
the  north-western  frontier. 

I^Upon  motion  of  Mr.  Smoote,  Mr.  President  was  requested  to 
lay  said  memorial  before  the  military  board. 

Upon  motion  of  Mr.  Mansfield,  the  convention  then  resolved 
itself  into  committee  of  the  whole. 


THE    CONVENTION.  263 

Mr.  Floyd  moved  that  the  convention  proceed  with  its  duties 
with  open  doors;  which  motion  did  not  prevail. 

After  some  time  spent  in  deliberation,  the  committee  rose, 
and,  through  their  chairman,  Mr.  Gould,  reported  progress,  and 
asked  leave  to  sit  again  at  3  o'clock,  p.  m. 

Which  report  was  adopted. 

Mr.  Griffith,  from  the  committee  on  enrollments,  made  the 
folio  iving 

REPORT: 

Mr.  President — 

The  committee  on  enrollments  would  respectfully 
represent  that  they  have,  on  this  day,  compared  the  enrolled 
copy  with  the  original  of  an  ordinance  for  the  relief  of  Maj.  R. 
C.  Gatlin,  and  find  the  same  to  be  correct. 

S.  L.  GRIFFITH,  Chairman. 
Which  was  received. 

Mr.  Mansfield,  an  leave,  presented  a  memorial,  signed  by 
several  sheriffs  of  counties  in  this  state;  which,  on  his  motion, 
was  referred  to  the  committee  on  ways  and  means,  without 
being  read. 

On  motion  of  Mr.  Totten,  the  Convention  took  a  recess 
until  3  o'clock,  p.  m. 


3  o'clock,  p.  m. 
Convention  met. 
Roll  called. 

present: 

Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Batson,  Bolinger, 
Bush,  Carrigan,  Clingman,  Crenshaw,  Cryer,  Desha,  Dinsmore, 
Dodson,  Dollarhide,  Planagin,  Floyd,  Fort,  Fuller,  Gould,  Grace, 
Griffith,  Gunter,  Ilanly,  Hawkins  of  Ashley,  Hawkins  of 
Sevier,    Hilliard,   Hobbs,  Johnson,  Kelley,  Kennard,    Lanier, 


264  JOURNAL    OF 


Mansfield,  Maj^o,  Murphy,  Parks,  Patterson  of  Jackson,  Pat- 
terson of  Van  Buren,  Ray,  Rhodes,  Robinson,  Siemens,  Smith, 
Smoote,  Spivey,  Stallings,  Stillwell,  Stirman,  Stout,  Turner, 
Walker,  Wallace,  Yell  and  Mr.  President — 54. 

Mr.  Hobbs  asked  and  obtained  leave  of  absence  for  Mr. 
Shelton,  on  account  of  indisposition. 

The  convention  then  resolved  itself  into  committee  of  the 
whole,  to  consider  further  of  the  ordinance  under  consideration 
this  morning. 

After  some  time  consumed  in  deliberation  thereon,  the  com- 
mittee rose,  and.  through  their  chairman,  Mr.  Gould,  reported 
that  it  had  considered  the  same,  and,  with  amendments,  recom- 
mended the  adoption  of  the  ordinance. 

Which  report  was  adopted. 

On  motion  of  Mr.  Yell,  the  ordinance  reported  was  made  the 
special  order  for  to-morrow,  after  the  reading  of  the  journal. 

On  motion  of  Mr.  Ilobbs,  the  covention  adjourned  until 
to-morrow  morning,  9  o'clock. 

DAVID  WALKER, 

President. 


Saturday,  Mai/   I8ih,  18G1 
Convention  met  pursuant  to  adjournment. 
Roll  called. 


present: 


Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin,  Baber? 
Batson,  Bolinger,  Bush,  Bussey,  Campbell,  Carrigan,  Clingman, 
Crenshaw,  Cryer,  Cypert,  Cochran,  Dinsmore,  Dodson,  Dollar- 
hide,  Fishback,  Flanagin,  Floyd,  Fort,  Fuller,  Garland,  Gould 


THE    COXVEXTIOX.  265 

Grace,  Griffith,  Gunter,  Ilanly,  Hawkins  of  Ashle}^  Hawkins 
of  Sevier,  Hill,  llilliard,  Hobbs,  Hobson,  Johnson,  Kelley, 
Kennard,  Lanier,  Mansfield,  Murphj',  Parks,  Patterson  of  Jack- 
son, Patterson  of  Van  Buren,  Ray,  Rhodes,  Robinson,  Slcmons, 
Smith,  Smoote,  Spivey,  Stallings,  Stillwell,  Stirman,  Stout, 
Tatum,  Totten  of  Arkansas,  Turner,  Wallace,  Yell  and  Mr. 
President— Gl. 

The  journal  of  yesterday  was  read,  approved  and  signcid. 

Mr.  Cypert  asked  and  obtained  leave  of  absence  for  Mr. 
Desha,  on  account  of  sickness. 

For  the  same  reason,  Mr.  Hobbs  asked  and  obtained  leave 
of  absence  for  Mr.  Shelton;  and,  also,  for  like  reason,  Mr.  Bush 
asked  and  obtained  leave  of  absence  for  Mr.  Walker. 

Mr.  President  presented  the  following  petition  of  John  D. 
Adams,  a  citizen  of  Pulaski  count}',  Arkansas,  praying  that 
certain  steamboats  of  which  he  was  part  owner,  be  excepted 
from  confiscation: 

To  the  Pr/osidcnt  and   members 

of  the  convention  of  the  people  of  Arkansas: 

The  petition  of  John  D.  Adams,  a  citizen  from  childhood  of 
Arkansas,  and  native  of  Tennessee,  respectfully  represents: 

That  six  years  since,  when  your  petitioner  had  been  about 
three  years  engaged  in  steamboating,  and  found  himself  embar- 
rassed with  debt,  without  means  sucoes.^fully  to  carry  on  his 
business,  and  without  a  single  friend  in  his  own  state  who  was 
able  to  assist  him,  he  found  such  a  friend  in  Thomson  Dean,  of 
Cincinnati,  in  ihe  State  of  Ohio,  who,  with  a  genereus  confi- 
dence, formed  a  partnership  with  your  petitioner  in  the  owning 
and  running  of  steamboats,  and  furnished  him  with  ample 
means  to  carry  on  that  business  in  Arkansas  with  energy  and 
success,  and  your  petitioner  gratefully  acknowledges  lliat  to 
this  generous  patron  he  owes  all  the  success  he  has  achieved. 

Your  petitioner  further  represents  that  during  the  whole  time 
of  their  partnership,  he  and  the  said  Thompson  Dean  have 
been  engaged  in  carrying  the  mails  in  the  State  of  Arkansas, 
and  are  still  carrying  them  by  steamboats  between  Little  Rock 
and  ]Memphis'  in  which  business  are  employed  the  only  two 
boats  in  which  the  said  Thomson  Dean  has  any  interest  with 
pour  petitioner,  to-wit:  the  "  Chester  Ashley"  and  "  Frederick 
Notrebe,"  in  which  his  interest  is  one-fourth  of  the  former  and 
three-eights  of  the  latter. 


266  JOURNAL    OF 


Your  petitioner  further  represents  that  the  said  Thomson 
Dean  de.-iring,  or  being  willing  at  least,  to  part  with  that 
remaining'  interest,  your  petitioner  shortly  before  your  reas- 
sembling, bargained  with  him  for  his  interest  in  those  two 
boats,  the  purchase  to  date  from  a  settlement  made  between 
them  about  the  25th  of  Mrchlast;  and  the  said  Thompson  Dean 
appointed  a  person  in  Little  Rock  to  consummate  the  sale  for 
him,  its  terms  being  that  your  petitioner  was  to  pay  him  lor  his 
interest  the  sum  of  seven  thousand  five  hundred  dollars,  as  of 
the  25ih  March,  1861. 

But  your  petitioner,  apprehensive  that  if  he  created  this  debt 
it  would  be  confiscated,  or  at  least  suspended,  upon  the  dissolu- 
tion by  the  State  of  Arkansas  of  the  compact  of  union  between 
herself  and  the  others  of  the  United  States,  has  delayed  con- 
summating the  purchase,  and  the  interest  of  the  said  Thomson 
Dean  in  said  two  boats,  still  continues  unchanged. 

Your  petitioner  represents  that  he  could,  in  anticipation  of 
the  withdrawal  of  Arkansas  from  the  union,  have  removed  the 
said  boats  permanenily  beyond  the  state,  or  could  have  done 
so  at  any  time  since;  but  as  this  would  have  worked  injury  to 
the  public  by  stopping  the  mail  service  on  the  Arkansas  river, 
he  has  refrained  from  doing  so,  and  he  submits  that  the  said 
Thompson  Dean,  having,  through  his  confidence  in  the  justice 
of  Aikansas,  permitted  this  to  be  done,  and  the  state  having 
accepted  the  services  thus  rendered,  it  would  be  ill  faith  on  her 
part  now  to  confiscate  his  interest  in  said  boats  thus  engaged 
in  her  public  service. 

Your  petitioner  further  represents , that  although  the  said 
Thomps  n  Dean  is  a  resident  of  the  State  of  Ohio,  he  is  also 
largely  engaged  in  business  in  Memphis,  in  the  State  of  Ten- 
nessee, and  in  Galveston,  Texas,  and  has  no  desire  to  with- 
draw his  property  from,  or  cease  his  business  in  Arkansas. 

In  consideration  of  all  of  which  your  petitioner  most  hum- 
bly prays  that  the  people  of  the  State  of  Arkansas  in  general 
convention,  will  not  deem  it  necessary  for  the  public  interest  to 
confiscate  the  property  of  his  benefactor  engaged  in  their  ser- 
vice, but  will,  by  special  exception,  if  necessary,  exempt  the 
same  from  confiscation,  and  authorize  your  petitioner  to  pur- 
chase the  same,  and  to  pay  the  debt  which  shall  be  so  incurred, 
or  to  continue  said  partnership,  as  to  him  may  seem  best;  which 
being  granted,  your  petitioner  v.'ill  continue  the  said  boats  upon 
the  Arkansas  and  Mississippi  rivers,  between  Little  Rock  and 
the  cities  of  Memphis  and  New  Orleans,  with  them  render 
such  service  to  the  people  of  Arkansas  in  carrying  the  mails 
and  carrying  munitions  of  war,  as  the  authorities  of  the  state 
may  require,  and  as  in  duty  bound  will  ever  pray. 

JOHN  D.  ADAMS. 

Little  Rock,  May  18,  18G1.  ^ 


THE    CONVENTION.  267 

Which  was  read. 

Whereupon,  Mr.  Floyd  introduced  the  following 

ORDLNANCE  No.  43. 
An  Ordinance  for  the  relief  of  John  D.  Adams. 

Be  it  orddined  bij  the  people  of  the  Slate  of  Arkdnsna  in  con- 
ixtitinii  af!se/nh/cd,  That  all  the  steamboats,  either  commanded 
or  owned  in  whole  or  part,  by  John  D.  Adams,  a  citizen  of  the 
county  of  Pulaslci,  in  the  State  of  Arkansas,  be,  and  the  same 
are  hereby  made  exempt  from  all  and  every  kind  of  seizure  or 
confiscation,  by  any  person  or  persons  whatever:  and  that  said 
Adams  shall  not  be  molested  in  the  enjoyment  ot  the  use  of 
his  boats  by  any  person  or  authority  of  this  state. 

W^hich  was  read  and  adopted. 

Mr.  Graves,  from  a  select  committee,  ap^^ointed  to  enquire 
into  certain  claims  ibr  storage,  drayage,  etc.,  incurred  in  seiz- 
ing government  stores  at  Pine  BlulF,  returned  the  papers  and 
moved  that  they  be  referred  to  the  committee  on  military  affairs. 

Mr.  Johnson,  fiom  a  select  committee,  made  the  following 

REPORT: 

Mr.  President — 

The  select  committee  to  whom  was  referred  the  resolu- 
tion indorsing  the  action  of  the  citizens  of  Pine  Bluff,  Helena 
and  Napoleon  in  the  seizure  of  certain  boats  and  cargoes,  have 
instruce  1  me  to  return  the  same  and  recommend  its  passage. 
The  committee  would  further  recommend  that  said  property 
be  taken  possession  of  by  said  convention.  The  committee 
have  failed  to  "receive  as  full  information  as  they  would  have 
desired,  as  to  the  amount  of  property  taken.  The  report  of 
Col.  W.  Warner  Johnson  of  an  account  taken  at  iXapoleon  is 
hereuith  submitted. 

JOHNSON,  Chairman. 

List  of  -property  seized  (it  Napoleon,  Arkansas,  by  order  of  Col. 
W.    Warner  Johnson. 

1 19,000  catridges — property  of  the  United  Slates  government. 

20  boxes  cavaliy  equipments  do  do 

This  property  has  f>ince  been  sent  to  Little  Rock,  by  order 
of  brigadier  general  James. 

One  steamboat,  called  the  "  Ohio  Belle,"  of  about  1000  tons 
burden,  in  good  order,  and  well  suited  for  the  transportation  of 
troops  and  supplies,  having  an  excellent  cabin,  and  the  lower 


268  JOURNAL    OF 


deck  filled  with  bunks;  she  can  transport  comfortably  2000 
troops,  rier  estimated  value  $15,000.  The  cargo  consists  of 
1500  sacks    salt,  worth  $2,000. 

Also,  the  steam  boat  "  Hetty  Gillmore,"  about  100  or  150 
tons  burden,  nearly  new,  and  well  adopted  for  the  navigation 
of  the  White  and  Arkansas  rivers,  worth  from  $8  to  $10,000. 
She  has  an  assorted  cargo  of  produce,  flour,  etc.,  supposed  to 
be  worth  $4  or  $5000.  The  above  boats  papers  show  that  they 
were  owned  by  citizens  of  Cincinnati,  and  for  that  reason  are 
seized  for  the  benefit  of  the  State  of  Arkansas,  and  are  now 
held  at  Napoleon,  subject  to  the  order  of  the  executive. 

W.  WARREN  JOHNSOxN, 
i^  Col.  (jth  Reg.  A.  M. 

]\Ir.  Fishback,  from  said  committee,  made  the  following 
minority 

REPORT: 

The  undersigned,  one  of  the  select  committee  appointed  by 
your  honorable  body  to  inquire  into  the  seizure  and  confisca- 
tion of  the  boats  "Mars,"  ''Hetty  Gillmore,"  "  Ohio  Belle," 
and  "  Queen  of  the  West,"  together  with  certain  private  pro- 
perty connected  therewith,  differing  Irom  his  fellow-cgmmitte- 
men  as  to  the  propriety  of  said  seizure,  would  beg  leave  respect- 
fully to  submit  the  following  as  a  minority 

REPORT: 

The  facts  into  which  your  committee  w^ere  called  to  inquire 
so  far  as  they  have  been  able  to  gather  them,  are  as  follows: 

Mars  and  Queen  of  the  West  seized  about  the  last  of  April. 
So  much  of  the  cargo  of  both  as  belonged  to  citizens  of  north- 
ern states,  transported  to  Mars  and  still  retained.  The  Queen 
of  the  West  released.     Mars  belongs  to  citizens  of  Cincinnati. 

Boat  Hetty  Gillmore,  owned  by  citizens  of  Cincinnati;  seized 
in  the  latter  part  of  April  last,  together  with  certain  private 
property,  owned  by  citizens  of  same  city. 

Boat  Ohio  Belle,  also  seixed  about  same  time  and  owned  by 
citizens  of  Cincinnati,  having  certain  private  property  as  well 
as  some  property  belonging  to  the  government  of  the  United 
States. 

The  undersigned  fully  appreciating  and  earnestly  disposed  to 
encourage  the  patriotic  motives  which  induced  the  ct-ptors  of 
the  boats  Mars,  Hetty  Gillmore,  Queen  of  the  West  and  Ohio 
Belle,  together  with  the  private  property  accompanying  them, 
would  yet  respectfully  suggest  to  your  honorable  body,  that  in 
the  limited  research,  the  undersigned  has  been  able  to  afford 
the  subject,  he  has  been  wholly  unsuccessful  in  finding  in  the 


THE    CONVENTIOX.  269 

rules  which  govern  modern  civilized  warfare,  even  one  approved 
precedent  for  the  confiscation  of  property  strictly  private,  and 
in  no  sense  contraband  of  war,  and  especially  of  such  property 
found  within  the  limits  of  the  belligerent  before  or  at  the  time 
of  the  declaration  of  war.  And  apart  from  precedent,  a  decent 
regard  for  the  opinions  of  mankind,  not  less  than  considerations 
of  enliglitened  humanity  and  of  sound  policy,  demand,  in  the 
humble  judgment  of  the  undersigned,  that  when  nations  are  at 
war,  all  the  rights  of  private  individuals,  whether  of  person  or 
of  property,  should  be  rigidly  observed,  except  perhaps  in  cases 
of  absolute  necessity,  or  of  urgent  expediency.  Nor  is  it  any 
answer  at  all  to  a  position  so  just,  ami  which  so  commends 
itself  to  our  sense  of  right,  that  our  enemy  are  pursuing  a  dif- 
ferent course. 

The  undersigned  finds  himself  unable  to  appreciate  either 
that  system  of  ethics  or  the  reasonings  upon  which  it  is  based, 
which  makes  the  conduct  of  others  the  rule  of  our  own. 

The  lex-talionis,  before  the  lights  of  religion  and  the  humane 
demands  of  our  enlightened  civilization,  is,  and  _surely  it  is  not 
to  be  deplored  that  it  is,  fast  failing  of  its  efficacy,  as  a  plea 
before  the  tribunal  of  an  enlightened  public  opinion.  If, 
indeed,  there  be  a  difference  between  savage  and  civilized  war- 
fare which  deserves  to  be  termed  characteristic,  it  consists  in 
that  it  is  the  constant  aim  of  the  latter  to  efi'ectually  circum- 
scribe with  checks  and  restraints  all  those  unholicr  passions  of 
our  nation  to  which  the  law  of  retaliation  gives  at  once  vitality 
and  scope.  To  conduct  a  war,  and  more  especially  a  civil  war 
upon  terms  in  which  our  feelings  of  revenge  find  no  restraint, 
and  individual  rights  no  protection  from  the  hand  of  encour- 
aged plunder,  would  be  to  inaugurate  a  system  of  warfare  as 
ci-uel  and  unjust  in  its  nature,  as  it  would  be  devastating  in  its 
consequences. 

And  the  undersigned  is  equally  at  a  loss  to  understand  that 
it  is  at  all  consistent  with  sound  and  enlightened  policy  for 
belligerent  nations  thus  wantonly  to  invade  the  sanctity  of 
private  rights,  when  in  no  sense,  or  in  no  adequate  sense,  neces- 
sary for  the  objects  of  the  war.  Neither  the  advantage  accru- 
ing to  the  belligent,  nor  the  injury  befalling  the  enemy  can 
possibly  compensate  the  enervating  effects  which  an  outraged 
public  opinion,  not  less  than  a  consciousness  of  having  done 
violence  to  our  own  sense  of  right,  is  but  sure  to  superinduce. 
It  but  nerves  our  eneinj'  while  it  but  weakens  ourselves! 

In  the  present  instance  the  boats  and  property  alluded  to 
were  in  our  midst  before  war  had  been  formally  declared  under 
the  plighted  public  faith,  and  by  virtue  of  that  entire  freedom 
all  civilized  nations  are  so  disposed  to  extend  to  commercial 
intercourse.  The  mere  pecuniary  value,  therefore,  lost  to  the 
one  side,  or  gained  by  the  other,  constitute  the  least  important 


270  JOURNAL    OF 


consideration  connected  with  this,  as  the  undersigned  is  forced 
to  regard  it,  most  unfortunate  seizure. 

But  the  undersigned  feeling  that  he  would  be  performing  but 
a  superfluous  work  to  do  more  than  to  call  the  attention  of 
your  honorable  body  to  conclusions  so  entirely  consonent  with 
all  our  ideas  of  national  duty,  would,  without  lurther  discus- 
sion, recommend  the  passage  of  the  following 

RESOLUTIONS: 

Resolved,  That  the  governor  of  the  State  of  Arkansas  be,  and 
he  is  hereby  ordered  to  cause  a  schedule  of  the  boats  above 
mentioned,  and  the  property  captured  with  them,  belonging  to 
private  individuals,  and  not  contraband  of  war,  and  that  the 
same  be,  and  is  hereby  restored  to  their  proper  owners. 

Resolved,  That  if  circumstances  have  rendered  it  impossible 
to  return  the  property  itself,  the  governor  be,  and  he  is 
hereby  authorized  to  have  the  same  appraised  by  three  house- 
holders, and  to  give  the  owners  a  full  equivalent  therefor  from 
any  moneys  ia  the  state  treasury  not  otherwise  appropriated. 
Respectfully  submitted,  etc., 

W.M.  FISHBACK. 

Which  was  read. 

Mr.  Tatum  moved  to  lay  the  minority  report  on  the  table. 

Upon  which  Mr.  Fishback  called  for  the  yeas  and  nays, 
v/hich  call  was  sustained,  ordered,  and  had  with  the  following 
result: 

Yeas — Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Baber, 
Batson,  Bush,  Bussey,  Carrigan,  Clingman,  Crenshaw,  Cryer, 
Cochran,  Desha,  Dollarhide,  Flanagin,Floyd,  Fort,  Fuller,  Gar- 
land, Gould,  Grace,  Hanly,  Hawkins  of  Ashley,  Hawkins  of 
Sevier,  Hill,  Hilliard,  Hobson,  Johnson,  Kennard,  Lanier,Mayo, 
Patterson  of  Jackson,  Patterson  of  Van  Buren,  Ray,  Rhodes, 
Robinson,  Slemons,  Smith,  Smoote,  Spivey,  Stallings,  Stillwell, 
Stirman,  Tatum,  Totten  of  Arkansas,  Wallace,  Yell  and  Mr. 
President — 47. 

Nays — Messrs.  Bolinger,  Campbell,  Cypert,  Dinsmore,  Dod- 
son,  Fishback,  Griffith,  Gunter,  Hobbs,  Kelley,  Mansfield,  Mur- 
phy, Parks,  Stout,  and  Turner — 15. 

So  the  minority  report  was  laid  on  the  table. 

On  motion  of  Mr.  Stillwell,  the  report  of  the  majority  was 
adopted. 


THE    CONVENTION.  271 

Mr.  Floyd,  from  the  committee  on  ways  and  means,  made 
the  following 

REPORT: 

Mr.  President — 

The  committee  on  ways  and  means,  to  whom  was  refer- 
red the  claim  of  the  steamer  Frederic  Notrebe,  for  transporta- 
tion of  military  stores  from  the  city  of  Pine  Blulf  to  Little  Rock, 
for  the  sum  of  $023  03,  which  account  having  been  certified  to 
by  the  commissar}^  general. 

Also  the  claim  of  Sterling  IT.  Tucker  vt  Co.,  for  the  sum  of 
$859  02,  it  being  for  clothing  furnished  to  the  1st  Arkansas  regi- 
ment, destined  for  service  in  Virginia,  and  certified  to  be  cor- 
rect by  the  colonel  commanding,  Jas.  F.  Fagan. 

The  committee  having  had  the  same  under  consideration  and 
recommend  the  payment  of  the  two  several  claims,  .nnd  that 
the  president  of  this  convention  is  hereby  required  to  certify  on 
each  claim  to  the  auditor  of  public  accounts,  that  he  be  directed 
to  pay  the  same  out  of  any  money  in  the  state  treasury  not 
otherwise  api:)ropriated. 

All  of  which  is  respectfully  submitted. 

ST  A  LUNGS,   Chairman 

The  question  being  stated  on  division,  tlie  first  of  said  report 
was  adopted;  and 

On  motion  of  Mr.  Johnson,  so  much  of  the  report  as  related 
to  the  claim  of  Mr.  Tucker,  was  recommitted  to  the  committee 
on  ways  and  means. 

Mr.  Stallings,  from  the  same  committee,  made  the  following 

REPORT: 

I\Ir.  President — 

The  committee  on  ways  and  tneans,  to  whom  was  refer- 
red the  several  accounts  hereto  attached,  and  marked  "exhibit 
A"  and  "  B,"  have  instructed  the  undersigned  to  report  that 
they  have  examined  said  accounts  and  find  them  correct.  That 
said  exhibits  are  accounts  of  telegraphic  dispatches  sent  to 
Hon.  David  Walker,  in  accordance  to  the  instructions  of  this 
convention,  and  amount  to  the  sum  of  ^47  20,  the  payment  of 
which  is  heieby  recommended. 

All  of  which  is  respectfully  submitted. 

STALLL\GS,    Chairman. 

Which  was  read  and  adopted. 

Mr.  Hobson,  on  leave,  introduced 


272  JOUENAL    OF 


ORDINANCE  No.  44. 

An   Ordinance  to  aut/iorize  the.  governor  to   commission  ccrlain, 
■mililanj  oj/icers,  and  for  otiier  purposes. 

Be  it  ordained  by  the  people  of  the  State  of  Arkansas  in  conven- 
tion assembled.  That  the  governor  of  the  State  of  Arkansas  is 
hereby  authorized  to  commission  all  the  officers  elected  by  the 
volunteer  regiment,  "  Arkansas  Rifles,"  without  regard  to  any 
law  of  the  State  of  Arkansas  concerning  elections,  upon  the 
presentation  to  him  of  the  names  of  said  officers  and  their 
grades  of  office,  and  so  soon  as  they  are  commissioned  he  will 
tender  said  regiment  to  the  President  of  the  Confederate  States, 
to  be  employed  under  his  command,  as  a  regiment  of  the  Con- 
federate States. 

Be  it  farther  ordained.  That  ten  thousand  dollars  be  appro- 
priated out  of  any  money  in  the  treasury  unappropriated,  to  be 
paid  to  the  colonel  of  the  regiment  of  volunteer  "  Arkansas 
Rifles,"  now  being  organized  in  the  State  of  Arkansas,  for  the 
Confederate  States,  and  to  be  by  him  advanced  to  said  volun- 
teers, in  sums  of  twelve  dollars  to  each  private  and  non-com- 
missioned oflicer. 

Be  it  further  or 'Gained,  That  said  sum  shall  be  advanced  as- 
a  loan,  and  be  repaid  by  said  volunteers   out  of  the  first  pay- 
ment made  to  said  volunteers  by  the  Confederate  States,  and 
the  colonel  of  said  regiment  is. hereby  made  an  agent  to  collect 
and  transmit  the  same  to  the  treasurer  of  this  state. 

Be  it  further  orddined,  That  upon  the  receipt  of  said  sum  of 
money  by  the  colonel  of  said  regiment,  he  shall  execute  a 
receipt  acknowledging  the  same,  and  engaging  to  use  all  rea- 
sonable exertions  to  collect  from  said  volunteers  the  said  sum 
of  money,  and  pay  it  into  the  state  treasury. 

Be  it  further  ordained,  That  the  said  colonel  shall  take 
receipts  from  said  troops  for  said  sums  advanced,  promising  to 
refund  the  same  out  of  the  first  payments  as  aforesaid. 

Wiiich  was  read. 

Mr.  Flanagin  offered  to  amend  by  adding  to  the  ordance 

ORDINANCE  No.  45. 

An  Ordinance  to  organize  a  regiment  of  volunteer  infantnj  to  be 
called  the  thiid  regiment. 

Be  it  ordained,  That  a  regim.ent  of  volunteers,  to  be  com- 
posed of  one  company  from  Columbia  county^  one  companj' 
from  Hempstead  county,  one  company  from  Johnson  county, 
one  company  from  Arkansas  county,  one  compdny  from  Dallas 
county,  one  company  from  Pike  county,  one  company  from  Hot 


THE    CONVENTION.  273 

Spring  county,  and  two  connpaniea  from  Prairie  county,  and  one 
company  from  Bradley  county,  siiall  be  authorized  to  meet  at 
t'-ieir  respective  parade  grounds,  and  tender  their  services  to 
the  governor  of  this  state.  A  company  of  infantry  each  to 
include  not  less  than  sixty-four  privates  and  non-commissioned 
officers,  to  serve  when  and  where  they  may  be  directed. 

Be  it  fiirlhei'  oi-daincd,  That  each  of  said  companies  may 
at  the  same  time  vote  for  a  colonel  for  said  regiment,  and  make 
returns  of  the  same  to  the  governor  of  this  state,  who  shall 
commission  the  person  so  elected  coloiiel  of  said  regiment; 
Provided,  Said  election  shall  be  held  by  the  first  day  ol'  June 
next,  and  the  returns  be  made  by  the  fifteenth  day  of  June 
next. 

Be  it  further  ordained.  That  no  pay  shall  be  received  by  said 
regiment  until  it  shall  be  mustered  into  the  service  ef  the  state 
or  (/onfederate  States. 

Which  was  accepted. 

Mr.  Dollarhide  offered  to  amend: 

Amend  by  striking  out  one  of  the  companies  from  Prairie 
county,  and  insert  "  one  company  from  Sevier  county." 

Mr.  Batson  then  offered  the  following  ordinance  No.  46,  as  a 

substitute  for  the  ordinance  and  amendment: 

Beit  ordained  by  the  people  of  the  State  of  Arkansas,  That' the 
military  board  of  the  State  of  Arkansas  may  accept  such  num- 
ber of  volunteer  companies  as  may  be  deemed  necessary,  and 
organize  the  same  into  battalions  and  regiments  in  such  man- 
ner as  said  board  may  think  proper. 

On  motion  of  Mr.  Gould,  the  ordinance,  amendment  and  sub- 
stitute were  laid  upon  the  table. 
Mr.  Flanagin  ofFered  the  following 

RESOLUTION: 

Resolved,  That  this  convention  will  not,  hereafter,  consider 
any  matter  of  detail  which  may  be  properly  disposed  of  by  the 
military  board  or  other  constituted  authorities. 

Mr.  Ilobson  moved  to  oamend  by  saying  "  that  there  be  no 

suspension  of  rules  for  ^y  purpose  whatever." 

Which  was  decided  to  be  out  of  order. 

Mr.  Clingman  offered  the  following  as  a  substitute  for  the 

RESOLUTION: 

Resolved,  That  this  convention  will  not  hereafter  consider 
any  local  matter  that  may  be  disposed  of  by  any  other  func- 
tionary of  this  state,  except  the  legislature. 

18 


274  JOURNAL    OF 

Which  on  motion  of  Mr.  Smoote,  was  laid  on  the  table. 

Mr.  Flanagin's  resolution  was  then  adopted. 

On  motion  of  Mr,  Gould,  ordinance  No.  30  was  taken  up 
and  read 

Mr.  Gould  moved  to  postpone  it  indefinitely. 

After  some  discussion,  the  question  being  stated  on  indefinite 
postponement,  Mr.  Yell  called  for  the  yeas  and  nays,  which 
call  being  sustained  was  ordered  and  had,  with  the  following 
result: 

Yeas — Messrs.  Adams  of  Phillips,  Batson,  Flanagin,  Floyd, 
Fuller,  Gould  and  .Johnson — 7. 

Nays — Messrs.  Adams  of  Izard,  Austin,  Baber,  Bush,  Camp- 
bell, Carrigan,  Clingman,  Crenshaw,  Cryer,  Cypert,  Cochran, 
Desha,  Din.smore,  Dodson,  Dollarhide,  Fort,  Garland,  Grace, 
GrifHth,  Gunter,  Hanly,  Hawkins  of  Ashley,  Hawkins  of  Se- 
vier, Hill,  Hilliard,  Hobbs,  Kelley,  Kennard,  Lanier,  Mansfield. 
Mayo,  Murphy,  Patterson  of  Jackson,  Patterson  of  \  an  Buren, 
Ray,  Rhodes,  Robinson,  Slemons,  Smith,  Smoote,  Spivey,  Stall- 
logs,  Stillwell,  Stirman,  Stout,  Tatum,  Totten  of  Arkansas, 
Totten  of  Prairie,  Turner,  Wallace,  Yell  and  Mr.  President 
—52. 

So  the  motion  to  postpone  did  not  prevail. 

Mr.  Lanier  moved  to  amend  the  ordinance  by  adding  the  fol- 
lowing proviso; 

Nothing  in  this  ordinance,  or  any  other  ordinance  passed  b}' 
this  convention,  or  in  any  law  or  the  constitution  of  this  state, 
shall  authorize  the  employment  of  an  armed  Ibrce  in  the  actual 
service  of  this  state,  unless  it  shall  be,  first,  to  meet  an  emer- 
gency which  shall  be  so  urgent  as  to  preclude  provision  being  made 
for  it  by  the  Confederate  States  of  America,  so  long  as  the  state 
sha!l  be  a  member  of  the  same,  or  to  provide  an  essential 
defence  when  the  Confederate  States  bfcall  neglect  or  refuse  to 
provide  for  it,  or  to  suppress  an  insurrec^^^i  or  repel  an  inva- 
sion. 

Mr.  Johnson  offered  the  following 

ORDINANCE  NO.  47, 

Which  he  introduced  as  a  substitute  for  ordinance  No.  30. 
and  the  amendment: 


THE    CONVENTION.  275 


An  Ordinance  concerning  the  Militia  of  this  State. 

Be  it  and  it  is  hereby  ordained  by  the  people  of  the  Slate  of 
Arkansas  in  convention  assembled: 

Sec.  1.  That  the  military  board  be,  and  they  are,  hereby 
required,  at  once,  fully  to  organize  and  prepare  for  active  field 
service  the  militia  of  this  stale,  in  manner  now  provided  by 
law  and  the  ordinances  of  this  convention. 

Sec.  2,  Be  it  further  ordained.  That  chapter  113,  of  Gould's 
Digest  of  the  laws  of  this  state  be  and  the  same  shall  remain 
in  force  in  this  state,  and  shall  govern  said  military  board,  ex- 
cept so  far  the  same  may  be  in  conflict  with  the  provisions  of 
this  ordinance,  and  the  ordinances  heretofore  adopted  by  thi.s 
convention. 

Sec.  3.  Be  it  further  ordained.  That  the  military  board  shall 
establish  and  constitute  general  regimental  courts  martial,  pos- 
sessing the  powers  necessary  to  compel  observance  of  militia 
duty  and  law  by  fine  and  imprisonment;  Provided,  That  com- 
pany courts  martial  shall  have  jurisdiction  only  of  privates  and 
non-commissioned  officers,  llegimental,  of  company  oflicers 
and  privates.  General  court  martial,  of  all  officers  and  offen- 
ces against  military  law.  Company,  may  fine  any  sum  not 
over  ten  dollars.  Regimental,  any  sum  not  more  than  fifty 
dollars,  with  power  to  reduce  to  the  ranks.  General  courts 
martial,  any  sum  not  more  than  one  hundred  dollars,  with 
power  to  cashier  or  reduce  to  the  ranks.  Fines  assessed  by 
the  courts  martial  shall  have  the  same  force  and  eflect  as  judg- 
ments of  the  circuit  court,  and  shall  be  collected  by  execution 
issued  from  the  court  to  the  sheriff  of  the  county,  and  made 
returnable  to  the  court  at  such  time  as  they  may  appoint,  and 
no  stay  or  deliver}'  bond  shall  be  allowed.  AVhen  in  actual 
service,  the  militia  shall  be  subject  to  the  laws  and  regulations 
governing  the  regular  army  of  the  Confederate  States;  shall 
fix  and  determine  the  rank  of  all  officers,  prescribe  the  uniform, 
arms  and  equipments  of  the  militia  so  organized;  Provided, 
That  volunteer  companies  now  established  shall  for  the  pre- 
sent, if  enrolled  in  the  militia,  be  permitted  to  retain  the  uni- 
forms they  have  adopted;  shall  in  general  have  the  control  and 
regulation  of  the  discipline  and   organization. 

Sec.  4.  The  stafl'  of  field  officers  shall  be  the  same  in  the 
militia  as  they  are  now  by  law  constituted  in  the  army  of  the 
Confederate  States,  and  the  officers  shall  themselves  select  and 
appoint  their  own  staff. 

Shc.  5.  Each  county  shall  provide  an  armory  for  the  deposit 
of  the  arms  issued  to  the  companies  organized  therein,  which 
armory  shall  be  located  at  the  county  eeat,  or  principal  tow« 
in  said  county,  and  placed  in  charge  of  the  company  or  com- 
panies, therein  formed,  subject  to  the  inspection  of  the   county 


276  JOURNAL    OF 


court,  or  the  presiding  judge  thereof.  And  it  shall  be  the  duty 
of  said  court,  twice  each  year,  to  inspect  said  armory  and 
report  its  condition  to  the  commanding  officer  of  the  regi- 
ment. 

Sec.  G.  The  commissioned  officers  of  each  company  shall 
execute  to  the  state  a  good  and  sufficient  bond,  with  security, 
to  be  approved  by  the  presiding  judge  of  the  county  court,  in 
double  the  value  of  the  arms  issued  to  the  company,  conditioned 
that  they  will  safely  keep  and  return  said  arms  in  good  order, 
when  called  for  by  the  state;  which  bond  shall  be  filed  in  the 
office  of  the  auditor  of  public  accounts. 

Sec  7.  That  there  shall  be  no  restriction  as  to  the  number 
of  volunteer  companies  that  may  be  formed  in  any  county  in 
this  state,  and  so  much  of  section  57,  of  chapter!  13,  of  Gould's 
Digest,  as  conflicts  with  this  ordinance  is  hereby  abrogated  and 
annulled.  , 

Sec.  8.  All  fines  assessed  and  collected  by  company  court* 
martial  shall  be  retained  for  the  company,  and  appropriated  to 
such  ends,  consistent  with  its  object,  as  a  military  company,  as 
it  may  deem  proper.  Fines  assessed  and  collected  by  division, 
brigade,  and  regimental  courts  martial  shall  be  paid  into  the 
military  fund. 

A7id  it  is  hereby,  fitrliier  ordained,  That  the  whole  military 
force  of  this  state  is  hereby  tendered  to  the  Confederate  States 
of  America,  to  be  put  into  the  field  at  such  time  and  under  such 
command  as  the  proper  authorities  thereof  may  determine. 

Leave  being  given,  Mr.  Cypert  presented  a  memorial  from 
citizens  of  Prairie  county,  asking  relief  for  judgment  creditors, 
together  with 

ORDINANCE  No.  48. 

Entitled  "an  ordinance  for   ike  relief  of  judgment  creditors  in 

this   state. ''^ 

Which  without  being  read,  was,  on  motion  of  Mr.  Cypert, 
referred  to  the  committee  on  judiciary. 

On  motion  of  Mr.  Yell,  the  convention  took  a  recess  until 
3  o'clock,  p.  ra.  - 


THE    CONVENTION.  277 

3   o'clock,  p.  m. 
Convention  met. 
Roll  called. 

present: 

Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin,  Batson, 
Bolinger,  Bush,  Campbell^  Carrigan,  Clingman,  Crenshaw, 
Cryer,  Cochran,  Dinsmore,  Dodson,  Dollarhide,  Flanagin,  Floyd, 
Fort,  Fuller,  Garland,  Gould,  Grace,  Griffith,  Gunter,  Hanly, 
Hawkins  of  Ashley,  Hawkins  of  Sevier,  Hill,  Hilliard,  Hohbs, 
Hobson,  Johnson,  Kelley,  Lanier,  Mansfield,  Maj'o,  Parks, 
Patterson  of  Jackson,  Patterson  of  Van  Buren,  Ray,  Rhodes, 
Robinson,  Slemons,  Smith,  Smoote,  Stallings,  Stillwell,  Stirman, 
Stout,  Tatum.  Totten  of  Arkansas,  Totten  of  Prairie,  Turnerj 
Wallace,  Yell  and  Mr.  President— 58. 

Mr.  Mayo,  on  leave,  offered  the  following 

RESOLUTION. 

Resolved,  That  Mr.  D.  W.  Davis  be  allowed  a  seat  on  this 
floor  upon  the  injunction  of  secrecy,  that  is  imposed  on  mem- 
bers of  this  convention. 

Which  was  lost.  * 

Mr.  Patterson  of  Jack?on  presented  a  communication  from 
the  central  bureau  for  military  supplies  at  Nashville,  relative 
to  the  manufacture  of  powder. 

AVhich  was  read  and  referred  to  the  committee  on  military 
affairs. 

The  question  was  then  stated  to  be  on  the  substitute,  ordi- 
nance No.  47,  off'ered  by  Mr.  Johnson,  for  ordinance  No.  30. 

Mr.  Yell  moved  to  lay  the  substitute  upon  the  table;  which 
motion  prevailed. 

The  question  was  then  stated  to  be  on  the  adoplion  of  the 
amendment  offered  by  Mr.  Lanier. 

Upon  which,  Mr.  Lan'ier  called  for  the  yeas  and  nays,  which 
being  sustained,  was  ordered  and  had  with  the  following  result: 

Yeas — Messrs.  Adams  of  Phillips,  Baber,  Bolinger,  Bush, 
Clingman,  Crenshaw,  Cryer,  Cypert,  Dollarhide,  Fishback, 
Flanagin,  Floyd,  Garland,  Gould,  Hanly,  Hawkins  of  Ashley, 


278  JOURNAL    OF 


Hill,  Hilliard,  Ilobbs,  Hobson,  Johnson,  Kelley,  Lanier,  Mayo, 
Patterson  of  Jackson,  Rhodes,  Robinson,  Slemons,  Smith, 
Smoote,  Spivey,  \Vallace  and  Mr.  President— 34. 

Nays— Messrs.  Adams  of  Izard,  Austin,  Batson,  Campbell, 
Carrigan,  Cochran,  Dinsmore,  Dodson,  Garland,  Grace,  Griffith, 
Gunter,  Hawkins  of  Sevier,  Mansfield,  Murphy,  Parks,  Patter- 
son of  Van  Buren,  Ray,  Stallings,  Stillwell,  Stirman,  Stout, 
Tatum,  Totten  of  Arkansas,  Totten  of  Prairie,  Turner  and 
Yell— 27. 

So  the  amendment  was  adopted. 

The  first  section  was  then  read. 

Mr.  Grace  moved  to  amend  by  inserting,  after  the  word 
"  shall,"  in  the  third  line,  the  words,  "  recognize  the  governor 
as  commander-in-chief." 

Mr.  Grace  moved  its  adoption. 

Mr.  Floyd  moved  to  lay  it  upon  the  table. 

Upon  which,  Mr.  Grace  called  for  the  yeas  and  nays,  which 
was  sustained,  ordered  and  had  with  the  following  result: 

Yeas — Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin, 
Baber,  Batson,  Bolinger,  Bush,  Campbell,  Carrigan,  Clingman, 
Crenshaw,  Cochran,  Desha,  Dinsmore,  Dodson,  Flanagin,  Floyd' 
Fort,  Garland,  Griffith,  Gunter,  Hanly,  Hill,  Hilliard,  Hobbs' 
Johnson,  Kelley,  Kennard,  Lanier,  Mansfield,  Murphy,  Parks, 
Patterson  of  Jackson,  Patterson  of  Van  Buren,  Smitjh,  Stallings, 
Stillwell,  Stirman,  Stout,  Turner  and  Mr.  President — 42. 

Nays — Messrs.  Cryer,  Dollarhide,  Gould,  Grace,  Hawkins  of 
Ashley,  Haw4vins  of   Sevier,  Mayo,.  Ray,  Rhodes,  Robinson, 
.  Slemons,  Smoote,  Tatum,  Totten   of  Arkansas,  Wallace   and 
Yell— 16. 

So  the  amendment  was  laid  on  the  table. 

Before  the  result  was  announced,  Mr.  Clingman  asked  and 
obtained  leave  to  change  his  vote,  and  have  the  following  ex- 
planation spread  upon  the  journals: 

I  vote  "  no  "  with  the  following 

EXPLANATION: 

I  was  opposed  to  the  ordinance  establishing  a  military  board, 
as  the  journals  will  show;  I  am  opposed  to  a  plural  inilitary 


THE    CONVENTION.  279 

head,  and  I  believe  the  two  advisers  would  be  a  sufficient  check, 
ixs  they  would  stand  between  the  executive  and  treasury. 

Mr.  Totten  of  Prairie  asked  to  be  and  wa.-:  excused  from 
voting. 

iMr.  Mayo  offered  the  following  amendment: 

:3d  line  of  section,  after  the  v»'ords  "  which  corps  shall,"' 
i?:sert  "  the  governor,  as  commander-in-chief,  subject  to  the 
control  and  direction  of  the  military  board  established  by  thit« 
convention." 

Mr.  Johnson  moved  that  the  ordinance  and  amendments  be 
referred  to  a  select  committee  of  five. 

Which  m.otion  was  lost  on  a  division. 
'  Mr.  Patterson  of  Jackson  moved  to  adjourn   until  9   o'clock, 
JMonday. 

Which  was  lost  on  division. 

Mr.  Floyd  moved  to  lay  the  ordinance  and  amendment  on 
the  table,  and  called  for  the  yeas  and  nays;  which  being  sus- 
tained, was  ordered  and  had  with  the  following  result: 

Yeas— Messrs,  Adams  of  Phillips,  Batson,  Clingman,  Flana- 
gin,  Floyd,  Fuller,  Gould,  PLtnly,  Hill,  Johnson,  Patterson  of 
Jackson,  Totten  of  Prairie  and  Wallace — 13. 

Nays — Messrs.  Adams  of  Izard,  Austin  Baber,  Bolinger,  Bush, 
Campbell.  Carrigan,  Crenshaw,  Cryer,  Cypert,  Cochran,  Desha, 
Dinsmore,  Dodson,  Dollarhide,  Fort,  Garland,  Grace,  Griffith, 
Gunter,  Hawkins  of  Ashley,  Hawkins  of  Sevier,  Hilliard, 
Hobbs,  Kelley,  Kennard,  Lanier,  Mansfield,  Mayo,  Murphy, 
Parks, Patterson  of  Van  Buren,  Ray, Rhodes,  Robinson,  Slemons, 
Smith,  Smootc,  Stallings,  Stillwell,  Stirman,  Stout,  Tatum, 
Totten  of  Arkansas,  Turner,  Yell  and  Mr.  President — 47. 

So  the  ordinance  and  amendment  were  not  laid  on  the  table. 

The  question  was  then  stated  to  be  on  the  adoption  of  the 
amendment. 

Mr.  Cryer  moved  to  adjourn  until  9  o'clock,  Monday  morning; 
which  did  not  prevail. 

Mr.  Austin  moved  to  lay  the  amendment  upon  the  table; 
which  motion  prevailed. 

Mr.  Hanly  offered  the  following  amendment: 


280  JOURNAL    OF 


Amend  the  1st  section  by  striking  out  the  words  "  one  major 
general,"  and  in  the  9th  and  10th  lines;  also  by  striking  out 
all  of  the  1st  section  after  the  word  "  the"  in  the  hrst  line. 

Mr.  Yell  moved  to  lay  the  amendment  on  the  table. 

On  which,  Mr.  Adams  of  Phillips  called  for  the  yeas  and 
nays. 

Whereupon,  Mr.  Hanly  called  for  a  call  of  the  convention; 
which  being  had,  it  appeared  that  Messrs.  Fishback,  Garland, 
Hobson  and  Spivey  were  absent  without  permission. 

On  motion  of  Mr.  Murphy,  the  sergeant-at-arms  was  dis- 
patched for  the  absentees,  and  consideration  of  ordinance  No. 
30,  was  suspended. 

Mr.  Griffith,  from  the  committee  on  enrollments,  made  tjie 
following 

REPORT: 

Mr.  President — 

The  committee  on  enrollments  have  examined  an 
ordinance  for  the  relief  of  John  I).  Adams,  and  have  instructed 
me  to  report  the  same  correctly  enrolled. 

GRIFFITH,  Chairman. 

"Which  was  received. 

After  the  expiration  of  a  few  minutes,  it  appeared  that  some 
of  the  absentees  were  within  the  bar  of  the  convention. 

Mr.  Carrigan  withdrew  the  call. 

Mr.  Yell  withdrew  his  motion  to  lay  on  the  table. 

Mr.  Johnson  moved  the  adoption  of  the  amendment. 

On  which  Mr.  Johnson  called  for  the  yeas  and  nays;  which 
being  sustained  was  ordered  and  had  with  the  following  result: 

Yeas — Messsrs.  Adams  of  Phillips,  Batson,  Bolinger,  Bush, 
Clingman,  Dinsmore,  Fishback,  Flanagin,  Floyd,  Fuller,  Gould, 
Griffith,  Gunter,  Hanly,  Hill,  Hilliard,  Hobbs,  Johnson,  Mans- 
field, Mayo,  Murphy,  Parks,  Patterson  of  Jackson,  Patterson  of 
Van  Buren,  Robinson,  Smith,  Spivey,  Stillwell,  Stirmin,  Turner 
and  Mr.  President — 30. 

Nays — Messrs.  Adams  of  Izard,  Austin,  Baber,  Campbell, 
Carrigan,  Crenshaw,  Cryer,  Cypert,  Cochran,  Desha,  Dodson, 
Dollarhide,  Fort,  Garland,  Grace,  Hawkins  of  Ashley,   Haw- 


THE    CONVENTION.  281 


kins  of  Sevier,  Hobson,  Kelley,  Kennard,  Lanier,  Ray,  Rhodes, 
Slemons,  Smoote,  Stalling?,  Stout,  Tatum,  Totten  of  Arkansas, 
Totten  of  Prairie,  Wallace  and  Yell— 32. 

So  the  proposed  aoiendment  was  not  adopted. 
On  motion  of  Mr.  Flanagin,  the  convention  adjourned  until 
Monday  morning  9  o'clock. 

DAVID  WALKER, 

Ft'csidcnt. 


Monday,  Mai/ 201  h,  ISGl. 
Convention  met  pursuant  to  adjournment. 
Prayer  by  Rev.  Mr".  Stanley. 
Roll  called. 

present: 

Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin,  Baber, 
Batson,  Bolinger,  Bush,  Campbell,  Carrigan,  Crenshaw,  Cypert, 
Cochran,  Desha,  Dinsmore,  Dodson,  Dollarhide,  Flanagin, 
Floyd,  Fort,  Fuller,  Garland,  Gould,  Grace,  Griffith,  Gunter, 
Hanly,  Hawkins  of  Ashley,  Hawkins  of  vSevier,  Hill,  Hilliard, 
Hobbs,  Hobson,  Jester,  Johnson,  Kelley,  Kennard,  Lanier, 
Mansfield,  Mayo,  Murphy,  Parks,  Patterson  of  Jackson,  Patter- 
son of  Van  Buren,  Ray,  Rhodes,  Robinson,  Shelton,  Slemons, 
Smith,  Smoote,  Spivey,  Stallings,  Stillwell,  Stirman,  Stout, 
Tatum,  Totten  of  Arkanscs,  Totten  of  Prairie,  Turner,  Wal- 
lace, Yell  and  Mr.  President — 64. 

Mr.  Tatum  asked  and  obtained  leave  of  absence  for  Mr. 
Bussey. 

Mr.  Bush  asked  and  obtained  leave  of  absence  for  Mr. 
Walker. 

Journal  of  Saturday  read,  approved  and  signed. 


282  JOURNAL    OF 


Mr.  Stallings  presented  a  memorial  from  citizens  of  Conway 
county,  asking  for  the  passage  of  a  stay  law,  which,  upon  his 
motion,  without  being  read,  was  referred  to  the  committee  on 
judiciary. 

On  motion  of  Mr.  Adams,  of  Phillips,  a  committee  of  five 
were  appointed  by  the  president,  consisting  of  Messrs.  Adams 
of  Phillips,  Dinsmore,  Desha,  Turner  and  Garland,  to  wait 
upon  and  confer  with  General  McCollough. 

Whereupon,  Mr.  Robinson  offered  the  following 

RESOLUTION: 

Resolved,  That  the  committee  be  instructed  to  invite  Gen. 
McCollough  to  a  seat  and  address  the  convention,  if  he  so 
desires. 

Which  was  adopted  and  the  committee  instructed  accord- 
ingly. 

On  motion  of  Mr.  Yell,  the  consideration  of  ordinance  No. 
30,  was  then  resumed. 

The  first  section  was  read. 

Mr.  Gould  moved  to  amend  by  adding  to  the  section: 

"  Provided,  That  neither  the  major-general  nor  any  member 
of  his  staff  shall  receive  pay  unless  in  actual  service,  by  order 
of  the  military  board." 

Which  was  adopted. 

Mr.  Mayo  ofiered  to  amend  by  inserting  after  the  word  "  in- 
competent," in  L5th  line  of  engrossed  ordinance: 

'•  But  shall  be  outranked  by  any  brigadier   general   of  the 

Confederate  States." 

Which,  on  motion  of  Mr.  Yell,  was  laid  on  the  table. 

Mr.  Patterson,  of  Jackson,  moved  to  amend  by  striking  out 
in  the  1st  section — "  under  the  direction  of,"  and  insert,  *'  when 
ordered' to  do  so  by." 

Which  was  adopted. 
•  Mr.  Smith  offered  to  amend  by  inserting  the  words  "  recog- 
nize the  governor  as  commander-in  chief,"  immediately  there- 
after insert  "  and,"  afterward  strike  out  "  of  one  major  general 
and"  and  insert  "  of."  then  strike  out  all  after  the  w^ord  "  in- 
competent." 


THE    CONVENTION.  283 

Mr.  Floyd  moved  to  lay  the  amendment  on  the  table,  on 
which  Ml".  Smith  called  for  the  yeas  and  nays,  which  being  sus- 
tained, was  ordered  and  had  with  the  following  result: 

Yeas — Messrs.  Adams  of  Izard,  Austin,  Baber,  Batson, 
iiolinger,  Bush,  Campbell,  Carrigan,  Crens:haw,  Cypert,  Coch- 
ran, Desha,  Dinsmore,  Dodson,  Doliarliide,  Fianagin,  Floyd, 
I'^ort,  Fuller,  Garland,  Gunter,  Hawkins  of  Ashley,  Hawkins  of 
^>evier,  Hobson,  Kelley,  Kennaril,  Lanier,  Parks,  Patterson  of 
Jackson,  Patterson  of  Van  Buren,  Kay  Slemojns,  Srijootc 
Stallings,  Stillwell,  Stirman,  Stout,  Tatum,  Totten  of  Arkan- 
sas, Turner,  Yell  and  Mr.  President — 42. 

Nays — Messrs.  Adams  of  Phillips,  Clingman,  Cryer,  Gould, 
Grace,  Grillith,  Hanly,  Hill,  Hiliiard,  Hobbs,  Jester,  Johnson, 
Mansfield,  Mayo,  Murphy,  Rhodes,  Robinson,  Shelton,  Smith, 
Spivey  and  Wallace — 21. 

So  the  amendment  was  laid  on  the  table. 

Mr.  Yell  moved  the  adoption  of  the  section. 

Mr.  Adams,  of  Phillips,  moved  to  amend  by  striking  out  the 
words  "  to  be,"  in  the  llth  line  of  engrossed  copy,  and  insert 
"  heretofore." 

Mr.  Turner  o  ft  ere  d  to  amend  the  amendment  by  inserting 
after  "  major  general,"  in  the  10th  line,  "  to  be  elected,"  which 
was  accepted,  and  the  amendment  v/as  adopted. 

The  question  was  then  stated  on  the  adoption  of  the  section 
on  which  Mr.  Johnson  called  for  the  yeas  and  nays,  which  was 
sustained,  ordered  and  had  with  the  following  result: 

Yeas — Messrs.  Adams  of  Izard,  Austin,  Bolinger,Bush,  Camp- 
bell, Carrigan,  Crenshaw,  Cryer,  Cypert,  Cochran,  Desha,  Dins- 
more,  Dodson,  Dollarhide,  Fianagin,  Fort,  Garland,  Grace, 
Griflith,  Gunter,  Hawkins  of  Ashley,  Hawkins  of  Sevier,  Hobbs, 
Hobson,  Kelley,  Kennard,  Lanier,  Parks,  Patterson  of  Van 
Buren,  Ray,  Rhodes,  Robinson,  Slemons,  Smoote,  Stallings, 
Stillwell,  Stirman,  Stout,  Tatum,  Totten  of  Arkansas,  Turner 
and  Yell— 40. 

Nays — Messrs.  Adams  of  Phillips,  Batson,  Clingman,  Cryer, 
Fianagin,  Floyd,  Fuller,  Gould,  Hanly,  Hill,  Hiliiard,  .lester, 
Johnson,  Mansfield,  Mayo,  Murphy,  Patterson  of  Jackson,  Shel- 


284  JOURNAL    OF 


ton,  Smith,  Spivey,  Totten  of  Prairie,  Wallace  and  Mr.  Presi- 
dent—23. 

So  the  first  section  as  amended,  was  adopted. 

The  2d  section  was  then  read. 

On  motion  of  Mr.  Kennard,  the  2d  section  was  stricken 
out. 

The  3d  section  was  then  read. 

Mr.  Gould  moved  to  amend: 

StHke  out  the  words  "  then  shall  be  due,"  add  the  word  "  the" 
"  before  brigadier,  and  strike  out  word  "  who,"  in  line  6,  add 
"  heretofore,"  between  words  brigadier  and  general. 

Which  was  adopted. 

Mr.  Srnoote  offered  to  amend  by  adding: 

"  But  neither  of  said  brigadier  generals  or  their  staffs,  shall 
receive  pay  as  such  unless  in  actual  service,  by  order  of  the 
military  board,  or  the  major  general,  under  the  direction  of  the 
rnilitary  board,  or  this  convention. 

Which  was  adopted. 

The  section  was  then  adopted. 

The  4th,  5th,  Gth,  7th  and  8th  sections  were  then  respective- 
ly adopted. 

Mr.  Kennard  moved  to  amend  the  9th  section  by  striking  out 
all  down  to  and  including  the  word  "  major,"  in  the  7th  line, 
and  substituting  in  its  stead  the  following: 

"  Each  artillery  regiment  shall  consist  of  the  same  number  of 
companies  as  are  required  of  infantry  or  cavalry.  Its  officers 
shall  be  one  colonel,  one  lieutenant  colonel,  and  one  major, 
who  shall  be  elected  according  to  the  provisions  of  section  six. 

Which  was  adopted. 

The  section  as  amended  was  then  adopted. 
Sections  10  and  11  were  then  respectively  adopted. 
Mr.  Hanly  offered  the  following  additional  section  after  sec- 
tion 11: 

Sec.  21.  Be  it  furlhtr  ordaintd.  That  in  case  it  shall  be  neces- 
sary to  make  a  draft  from  the  miliria  to  obtain  the  required 
number  of  troops  for  service,  under  this  ordinance,  or  any  other 
ordinance  which  has  been  or  may  hereafter  be  adopted,  the 
military  board  heretofore  created  shall  have  the  power  to  pre- 
scribe the  manner  and  mode  in  which  said  draft  shall  be  made. 


THE   CONVENTION.  285 


Mr.  Gould  moved  to  reconsider  the  vote  adopting  the  10th 
section;  which  motion  was  lost  on  division. 

Mv.  Hanlj'  ofTered  to  amend  by  adding  the  following  sections 
to  the  ordinance,  between  the  13th  and  14ih  sections: 

Skotion  14.  Be  it  ordained  bjf  the  people  of  Arkansas  in  conveti- 
fion  assim'dcd,  That  the  county  courts  of  this  istate  be,  and  they 
are  hereby  empowered  to  set  apart  and  appropriate  as  a  fund 
for  the  relief  and  support  of  the  families  of  volunteers  vvliile 
in  actual  service,  when  from  affliction  or  indigence  such 
relief  may  be  necessary,  so  much  of  the  special  tax  v,liich 
the  said  courts  are  authorized  to  levy  by  an  ordinance  adopted 
by  this  convention  on  the  eleventq  day  of  iMay,  A.  D.,  18G1, 
entitled  "  an  ordinance  to  levy  a  tax  for  military  ^nd  other  pur- 
poses," as  in  the  judgment  of  either  ot  said  courts  may  be 
necessary  to  constitute  the  relief  fund  herein  contemplated; 
Provid'id,  That  the  fund  raised  and  appropriated  shall,  in  all 
cases,  be  expended  for  the  benefit  of  larailies  of  volunteers 
residing  in  the  county  where  the  same  is  raised;  and  the  collec- 
tor of  revenue  shall  receive  no  comj,ensation  for  collecting  the 
tax  provided  for  by  said  ordinance  above  referred  to. 

Sec.  1.5.   Be  it  further  ordained,  That  the  county  courts  be 
authorized  to  issue  county  scrip,  anticipating  the  tax  necessary' 
to  effect  the  objects  of  the  preceding  section. 

Sf.c  1G.  Beit  fwr/Z/er  o/-i/a/'7ic^/,  That  the  county  courts  of  this 
state  be,  and  they  are  hereby  authorized  and  empowered  to 
appoint  and  raise  semi-annually,  a  home  guard  of  minute  men, 
whose  term  of  service  shall  be  for  three  months  in  their  respect- 
ive limits,  to  consist  of  companies  of  not  less  than  ten  for  each 
township,  whose  officers,  when  elected  by  the  companies  re- 
spectively, shall  be  commissioned  by  the  county  courts,  and 
whose  duty  it  shall  be  to  see  that  all  slaves  are  disarmed,  to 
prevent  the  assemblage  of  slaves  in  unusual  numbers,  to  keep 
the  slave  population  in  proper  subjection,  and  to  see  that  peace 
and  order  are  observed;  the  home  guard  of  minute  men  shall 
be  armed  and  equipped  by  each  county,  at  its  own  expense,  out 
of  the  tax  provided  for  by  said  ordinance,  to  levy  a  tax  for 
militar}^  and  other  purposes,"  and  compensation  may  be  made 
to  said  guard  out  of  said  tax,  if,  in  the  discretion  of  the  county 
court,  such  compensation  should  be  made.  The  home  guard 
shall  assemble  in  their  respective  townships  to  take  precaution- 
ary measures  at  least  once  in  each  week,  at  the  call  of  the  com- 
manding odicer,  and  shall  be  momentarily  ready  for  service  at 
his  call;  persons  engaged  in  this  branch  of  duty  shall,  upon 
failure  to  obey  the  call  to  duty  by  the  commander,  forfeit  not 
less  than  one  dollar  nor  more  than  five  dollars  for  each  offence 
to  be  collected  in  the  name  of  the  presiding  judge  of  the  coun- 
ty court,  before  any  justice  of  the  peace,  to  be  applied   by  the 


286  JOURNAL    OF 


county  court  in  defraying  the  expenses  of  this  branch  of  the 
public  service,  unless  it  shall  be  shown  that  such  failure  was 
the  result  of  sickness  or  other  good  cause.  A  general  com- 
mander shall  be  appointed  for  each  county  by  the  several  coun- 
ty courts,  vi'hose  duty  it  shall  be,  when  necessary,  to  take  charge 
of  all  the  home  guard  minute  men  in  his  county  and  direct 
their  operations;  and  the  county  court  is  authorized  to  issue 
county  bonds  or  scrip  for  the  purpose  of  raising  money  imme- 
diately to  meet  the  expenses  contemplated  by  this  section. 

Mr.  Gould  moved  to  amend  the  amendment  offered  by  Mr. 
Hani}'',  by  adding  "  and  all  funds  so  paid  out  by  any  counties 
for  the  maintenance  of  families,  shall  be  refunded  out  of  the 
state  treasury.  ■ 

Which  amendment,  after  some  discussion,  was  withdrawn. 

Mr.  Smoote  moved  to  lay  the  amendment  of  Mr.  Hanly  upon 
the  table;  which  motion  prevailed. 

Mr.  Cypert,  on  leave,  called  up  said  amendment  from  the 
table,  and  on  his  motion,  it  v/as  referred  to  the  committee  on 
the  judiciar}'. 

Mr.  Gould  moved  to  amend  section  15,  by  striking  out  tlxe 
words  "  null  and  void."  find  insert  the  words  "  suspended  dur- 
ing the  continuance  of  this  ordinance," 

Mr.  Patterson,  of  Jackson,  moved  to  amend  the  amendment 

as  follows: 

"  And  that  this  ordinance  shall  only  be  in  force  for  and  dur- 
ing the  war;  after  which  it  shall  be  subject  to  repeal  by  the 
legislature  of  the  State  of  Arkansas." 

Which  amendment  was  accepted,  and  the  amendment  so 
amended  was  adopted. 

Mr.  Totten,  of  Prairie  moved  to  amend  the  ordinance  by 
striking  out  section  thirteen,  and  inserting  the  following: 

"  Standing  armies  being  dangerous  to  republican  government, 
shall  not  be  allowed  or  retained  in  time  of  peace." 

Which,  upon  motion  was  laid  upon  the  table. 

Mr.  Mayo  moved  to  amend  by  inserting  before  the  word 
"  service,"  in  the  13th  section,  the  word  "  active,"  which  u- as 
adopted. 

Mr.  Patterson,  of  Jackson,  oflered  to  amend  by  striking  out 
the  word  "  active,"  in  the  13th  section,  aad  inserting  the  word 
"  actual;"  which  was  likewise  adopted. 


THE    CONVENTION.  287 


Section  13,  as  amended,  was  then  adopted. 

Mr.  Stillwell  offered  the  following  additional  section: 

Sec.  14.  Be  it  further  ordained,  That  there  shall  not  be 
any  limitation  of  the  number  of  volunteer  companies  in  an^ 
odunty  in  this  state,  and  the  governor  shall  issue  commissions 
to  the  officers  of  all  volunteer  companies  organized  in  the  state. 

Mr.  Totten,  oJ  Prairie,  offered  the  following  amendment  to 

the  additional  section: 

•'  But  they  shall  remain  under  the  authority  and  command  of 
the  respective  field  officers  of  the  county  or  regiment  to  which 
they  belong;  Provided,  hoi'sevcr.  That  they  shall  be  authorized 
to  form  themselves  into  separate  regiments,  or  battalions,  until 
they  shall  be  called  into  actual  service,  when  they  shall  elect 
their  field  olHcers  as  hereinbefore  provided,  up  to  the  grade  of 
colonel  inclusive,  and  this  without  regard  to  the  particular  bri- 
gades or  divi.<ions  from  which  they  came." 

Which  amendment  was  accepted,  and  the  additional  section, 
as  amended,  was  passed. 

Mr.  Kennard  moved  to  substitute  for  the  title  of  the  ordi- 
nance the  following:  "  An  ordinance  ti  provide  for  the  organi- 
tion  of  an  efHcient  military  corps  for  active  service,  and  for  the 
election  of  certain  officers;"   which  substitute  was  adopted. 

The  question  was  then  stated  to  be  upon  the  adoption  of  the 
ordinance,  as  amended. 

On  which  Mr.  Hanly  called  for  the  yeas  and  nays,  which  call 
being  sustained,  was  ordered  to  be  had,  with  the  following 
result: 

Yeas — -Messrs.  Adams  of  Izard,  Austin,  Bolinger,  Bush, 
Campbell,  Carrigan,  Crenshaw,  Cypert,  Cochran,  Desha,  Dins- 
more,  Dodson;  Doilarhide,  Fort,  Griffith,  Gunter,  Hawkins  of 
Ashley,  Hawkins  of  Sevier,  Hobbs,  Hobson,  Kellej',  Kennard, 
Lanier,  Parks,  Patterson  of  Van  Buren,  Ray,  Rhodes,  Robinson, 
Shelton.  Slemons,  Smoote,  Stallings,  Stillwell,  Stirman,  Stout 
Tatum,  Totten  of  Arkansas,  Turner  and  Yell — 3'.). 

Nays — Messrs.  Adams  of  Phillips,  Batson,  Clingman,  Cryer 
Flanagin,  Floyd,  Fuller,  Gould,  Grace,  Hanly,  Hill,  Ililliard, 
Jester,  Johnson,  Mansfield,  Mayo,  Murphy,  Patterson  of  Jack- 
eon,  Smith,  Spivey,  Totten  of  Prairie,  Walker,  Wallace  and 
Mr.  President— 24. 

So  ordinance  No.  30,  as  amended,  was  adopted. 


288  JOURNAL    OF 


Mr.  Hawkins,  of  Ashley,  offered  the  following 

RESOLUTION: 

Resolved,  That  this  convention  proceed  at  once  to  elect  one 
nivijor  general  for  the  State  of  Arkansas,  by  vive  voce. 

Which,  upon  motion  of  Mr.  Floyd,  vvas  laid  upon  the  table, 

Mr.  Johnson  introduced  the  following: 

ORDINANCE  No.  49. 

An  Ordinance  concerning  sales  hy  sheriffs  or  constables  for  the 
collection  of  debts. 

Be  it  Ordained  by  the  people  of  Arkansa"!  in  convention  osscjii- 
Med,  That  all  sales  by  sheriffs  or  constables,  for  the  collection 
of  debts,  are  hereby  suspended  until  the  further  action  of  this 
convention  in  relation  thereto. 

Be  it  further  ordained,  That  all  bonds  for  the  delivery  of 
property,  levied  upon  by  execution,  shall  be  returnable  in 
accordance  with,  and,  in  all  things,  be  subject  to  the  laws  now 
in  force. 

Beit  farther  ordained,  That  this  ordinance  shall  be  published 
in  the  Little  Rock  True  Democrat  and  Gazette,  and  take  effect 
from  and  after  its  passage. 

Which  was  adopted. 

Upon  motion  of  Mr.  Robinson,  the  convention  adjourned  until 

to-morrow  morning  9  o'clock. 

DAVID  WALKER, 

President. 


Tuesday,  May  21st,  1861. 
Convention  met  pursuant  to  adjournment 
Roll  called 

present: 
Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin,  Baber, 


THE    CONVENTION.  289 

Batson,  Bolinger,  Bush,  Campbell,  Carrigan,  Clingman,  Cren- 
shaw, Ciyer,  C3'pert,  Cochan,  Dinsmore,  Dodson,  Dollarhide, 
Echols,  Flanagin,  Fort,  Fuller,  Gould,  Grace,  Griffith,  Gnnter, 
Hani}',  Hawkins  of  Ashley,  [lawkins  of  Sevier,  Hill,  Hilliard, 
Hobb;^,  Hobson,  Jester,  Johnson,  Kelley,  Kennard,  Lanier, 
Mansfieldj  Mayo,  Murphy,  Parks,  Patterson  of  Jackson,  Patter- 
son of  Van  Burcn,  Ray,  Rhodes,  Robinson,  Shelton,  Slemons, 
Smith,  Smoote,  Spivcy,  Stallings,  Stillwell,  Stirman,  Stout, 
Tatum,  Totten  of  Arkansas,  Turner,  Walker,  Wallace,  Yell 
and  Mr.  President— 62. 

Mr.  Tatum  asked  and  obtained  leave  of  absencefor  Mr.  Bus- 
sey,  on  account  of  sickness. 

Mr.  Stillwell  asked  and  obtained  leave  of  absence  for  IMr. 
Garland,  for  the  same  reason. 

Mr.  Echols  tendered  a  verbal  resignation  of  his  position  as  a 
delegate  to  this,  convention  from  the  county  of  Calhoun;  which, 
upon  motion  of  Mr.  Patterson,  of  Jackson,  was  accepted. 

Mr.  Hanly  from  the  committee  on  judiciary,  made  the  follow- 
ing 

REPORT: 

Mr.   President — 

The  committee  on  the  judiciary,  to  whom  was  referred 
ari  ordinance  entitled  "  an  ordinance  prescribing  an  oath  to  be 
taken  by  all  military  and  civil  and  non-commissioned  military 
officers  or  privates,  in  the  service  of  this  state,  and  for  other 
purposes,"  have  had  the  same  under  consideration,  and  instruct 
me  to  report  that  with  the  addition  of  sections  eight,  nine  and 
ten,  to  the  ordinance  referred  to  therein,  they  beg  leave,  respect- 
fully; to  recommend  its  passage,  believing,  as  they  do,  that  such 
an  ordinance  is  indispensable  under  the  exigencies  existing  at 
this  time  throughout  the  state. 

All  of  which  is  respectfully  submitted,  and  your  committee 
ask  to  be  discharged  from  further  consideration  of  the  ordinance 
in  question. 

HANLY,  Chairman. 

Which  report  was  adopted. 

The  following  v^^ere  the  additional  sections  recommended  by 
the  committee: 

Sec.  8.  Bt  it  further  ordained,  That  all  the  officers,  civil  and 
military,  within  the  city  of  Little  Rock,  at  the  passage  of  this 

19 


290  JOURNAL    OF 


ordinance,  shall,  within  three  days  from  that  time,  appear  be- 
fore the  convention,  in  open  session,  and  take  the  oath  pre- 
scribed in  this  ordinance,  to  be  administered  by  the  president  of 
this  convention. 

Sec.  9.  Be  it  further  ordained,  That  after  the  constitution  of 
the  permanent  government  of  the  Confederate  States  of  Ame- 
rica is  adopted  or  ratified  by  this  convention,  or  the  people  of 
this  state,  by  a  direct  vote  for  that  purpose,  then  the  oath  or 
affirmation  above  described  shall  be  administered  so  as  to  em- 
brace and  include  the  constitution  of  such  permanent  govern- 
ment, iustead  of  the  constitution  of  the  provisional  government 
as  now  required. 

Sec.  10.  Be  it  further  ordained,  That  this  ordinance  be,  and 
the  same  is  hereby  made  repealable,  in  whole  or  in  part,  by  the 
General  Assembly  of  this  state. 

Which  were  read. 

The  consideration  of  ordinance  No.  35,  entitled  "  an  ordi- 
nance providing  an  oath  to  be  taken  by  all  military  and  civil 
officers,  and  non-commissioned  military  officers  and  privates  in 
the  service  of  this  state,  and  for  other  purposes.,"  was  taken  up. 

The  first  section  was  read,  w^hich  section  provided  that  all 
officers,  military  and  civil,  should  take  and  subscribe  the  follow- 
ing oath: 

I, -,  do  solemnl}^  swear,  or  affirm,  that  I  will  support 

the  constitution  of  this  state,  and  all  ordinances  and  resolutions 
passed  or  adopted  by  the  convention  of  the  people  of  Arkan- 
sas; and  I  furthermore  do  solemnly  swear,  or  affirm,  that  I  will 
support  the  constitution  of  the  provisional  government  of  the 
Confederate  States  of  America,  and  that  I  will,  and  do,  freely 
abjure,  and  forever  renounce  all  allegiance  and  fidelity  to  the 
constitution,  laws  and  government  of  the  United  States  of 
America." 

Mr.  Cypert  moved  to  amend  by  striking  out  all  of  said  oath 

or  affirmation  after  the  w^ords  "  State  of  Arkansas." 

Mr.  Grace  moved  to  insert  in  lieu  thereof, 

"  And  I  do  also  further  solemnly  swear,  or  affirm,  that  I  will 
faithful  and  true  allegiance  bear  to  the  State  of  Arkansas,  and 
to  the  Confederate  States  of  America,  while  I  am  a  citizen 
thereof." 

Which  was  accepted  by  Mr.  Cypert. 

The  amendment  as  amended  was  adopted. 

Mr.  Cypert  moved  the  adoption  of  the  section;  which  was 

adopted. 


THE    CONVENTION.  291 

Seel  ion  2d  was  then  read,  and  withont  amendment,  on  mo- 
tion of  Mr.  Floyd,  was  adopted. 

Section  3d  was  then  read. 

Mr.  Floyd  moved  to  amend  by  striking  out  "thirty"  and 
inserting  "  ninety,"  where  it  refers  to  the  number  of  days  after 
the  adoption  of  the  ordinance  in  which  the  oath  shall  be  taken; 

Which  was  adopted. 

Mr.  Batson  moved  to  amend  by  adding  after  the  word 
"state," 

"  To  issue  notice  to  all  such  officers  as  fail  to  appear  and 
take  such  oath,  within  90  days,  and  if  any  such  officer  should 
fail  to  appear  and  take  the  oath  aforesaid,  within  ten  days  after 
service  of  such  notice,  it  is  hereby  made  the  duty  of,"  etc. 

Mr.  Floyd  moved  to  amend  by  striking  out  "  90,"  and  insert- 
ing "  GO;"  which  was  adopted,  and  the  section,  as  amended, 
was  adopted. 

Section  4  was  then  read. 

Mr.  Floyd  moved  to  amend  by  inserting  after  the  word  "coun- 
ties," or  some  person  authorized  to  administer  oaths;"  which 
was  adopted,  and  tiie  section,  as  amended,  was  also  adopted. 

Section  6  was  then  read  and  adopted. 

Section  G  was  read. 

Mr.  Mayo  moved  to  amend  by  striking  out  "  shall  be  dis- 
missed the  service,"  and  insert  "  and  on  any  such  soldiers  or 
non  commissioned  officers  refusing  to  take  such  oath,  shall  be 
denied  all  the  privileges  of  a  citizen  of  Arkansas." 

Mr.  Cypert  moved  to  lay  the  section  and  proposed  amend- 
ment on  the  table. 

Mr.  Floyd  called  for  a  division  of  the  question*  whereupon 
the  amendment  to  the  section  was  laid  on  the  tabic. 

The  motion  to  lay  the  section,  on  the  table  did  not  prevail. 

Mr.  Floyd  moved  to  amend  by  inserting  the  words  "  thirty 
days  after  the  adoption  of  the  ordinance,"  the  words  "  the  cap- 
tains of  companies  shall  make  proclamation  that  the  same  is 
required  of  his  command,  and  that  a  copy  of  the  ordinance 
shall  be  furnished  to  the  officers  of  the  army  now  in  service." 

On  motion  of  Mr.  Bush,  the  vote  on  laying  the  sectiou  on  the 
table  was  reconsidered. 


292  JOURNAL    OF 


Mr.  Grace  moved  to  lay  the  section  on  the  table;  which  mo  ^ 
tion  prevailed. 

Section  7  was  then  read  and  adopted. 

Section  8  was  lead. 

Mr.  Fianagin  moved  to  amend  by  inserting  governor,  military 
board,  judges  of  the  supreme  and  circuit  courts,  auditor,  trea- 
surer, secretary  of  state.  If  within  this  city,  be  required  to 
appear  before  this  convention  on  or  before  the  twenty-second 
day  of  this  month,  and  take  the  oath"  prescribed,  and  striking 
out  Irom  the  word  "  all"  to  the  word  "  prescribed"  inclusive. 

Mr.  Patterson  of  Jackson,  moved  so  lay  the  amendment  upon 
the'lfabJ©.        ■    -•  • 

Mr.  Floyd  moved  to  amend  the  amendment  by  striking  out 
the  words  "  on  or  before  the  twenty- second,"  and  inserting  by 
6  o'clock  p.  m.,  on  Wednesday  the  23d  inst.,  and  that  this  con- 
vention remain  in  open  session  lor  the  next  ten  days  for  that 
purpose. 

Which  was  accepted,  and  Mr.  Patterson  withdrew  his  motion 
to  table. 

On  motion  of  Mr.  Carrigan,  the  last  clause  referring  to 
remaining  in  open  session  was  stricken  out. 

Mr.  Johnson  moved  to  amend  by  striking  out  all  the  officers 
referred  to,  with  the  exception  of  the  "  governor  and  military 
board." 

Which  was  adopted. 

And  on  the  further  motion  of  Mr.  Johnson,  "  Thursday"  was 
stricken  out,  and  "  W^ednesday"  inserted.  ' 

On  motion  of  Mr.  Floyd,  the  words  "  if  within  the  city" 
were  stricken  out. 

Mr.  Hawkins  of  Ashley,  moved  to  amend  by  saying: 

Amend  by  saying:  and  unless  said  person  or  persons  shall 
so  appear  and  take  said  oath  within  the  time  prescribed  by  this 
ordinance,  the  office  or  offices  which  they  respectively  hold, 
hold,  shall  be  declared  vacant  by  this  convention,  and  subject 
to  be  filled  by  an  election  held  by  said  body  for  that  purpose, 
except  the  office  of  governor,  which  shall  be  declared  vacant, 
and  filled  in  the  manner  now  prescribed  by  law. 

Mr.  Fishback  moved  to  lay  the  amendment  on  the  table. 


THE    CONVENTION.      >  293 


Mr.  Kcnnard  ofTered  the  following  as  a  substitute  for  the  sec- 
tion: 

Be  it  ordained;  That  the  governor,  members  of  the  military 
board,  auditor,  treasurer,  secretary  of  state,  and  judges  of  the 
supreme  court,  be,  and  they  are  hereby  required  to  appear 
before  this  convention,  in  open  session,  at  or  before  the  hour 
of  11  o'clock,  a.  m.,  of  Thursday  the  23d  inst.,  and  take  the 
oath  prescribed  by  this  ordinance,  to  be  administered  by  the 
president  of  the  convention. 

Which  was  read  and  adopted. 

The  9th  section  was  then  read,  which,  on  motion  of  JMr. 
Grace,  was  adopted. 

The  10th  section  was  read,  and  on  motion,  stricken  out. 

Mr.  Gould  moved  to  amend  the  1st  section  by  strHiing  out 
the  words  "  this  state  and  all  the  ordinances  and  resolutions 
passed  and  adopted,"  nnd  inserting  "  as  the  same  may  be  altered 
or  modified  by  the  convention  of  the  State  of  Arkansas." 

Which,  after  some  discussion,  was  withdrawn. 

On  motion  of  Mr.  Grace,  the  word  resolutions  in  the  1st 
section  was  stricken  out. 

The  ordinance,  as  amended,  was  then  read  and  adopted. 

Mr.  Floyd  oiFered  the  following 

RESOLUTION: 

Resolved,  That  the  injunction  of  secrecy  be  taken  off  of  all 
the  ordinances  and  resolutions  passed  by  this  convention;  and 
that  all  the  ofliceis  revuired  to  take  the  oath  of  ofTice  on  Thurs- 
next,  as  prescribed  by  ordinance,  be  entitled  to  examine  the 
same. 

Which  was  adopted. 

]Mr.  Kennard  oflered  the  following 

RESOLUTION: 

Resolncd,  That  the  secretary  of  this  convention  be,  and  he  is 
hereby  instructed  to  furnish  a  copy  of  the  ordinance  prescribing 
the  oath  to  be  taken  by  the  diflerent  officers  of  the  State  to  the 
public  printer  forthwith,  and  order  the  same  to  be  published  as 
as  soon  as  possible. 

Which  was  adopted. 

Mr.  Adams  of  Phillips,  offered  the  following 


294  ♦  JOUKNAL    OF 


RESOLUTION: 

Resolved,  That  the  sum  of  five  hundred  dollars  be,  and  the 
same  is  hereby  appropriated  to  pay  the  expenses  of  Captain 
Albert  Pike,  the  commissioner  of  this  state  and  of  the  Conied- 
erate  States  to  the  Indian  country,  and  that  the  auditor  issue 
his  vvai'rant  upon  the  treasurer  ibr  the  same,  taking  the  receipt 
of  Capt.  Pike  therefor. 

Which  was  adop"ted. 

Mr.  Adams,  from  the  select  committee  appointed  to  wait 
upon  Gen.  Ben.  McCuUoch,  on  leave,  made  a  report,  which 
was  ordered  not  to  be  spread  upon  the  journals. 

On  motion  of  Mr.  Turner,  the  report  was  recommitted  to  the 
committee,  with  instructions  to  report  an  ordinance  in  relation 
to  the  subjects  therein  referred  to. 

On  motion  of  Mr.  Kennard,  the  convention  took  a  recess 
until  4  o'clock,  P.  M. 


4  o'clock,  p.  M. 
Convention  met. 
Roll  called. 

present: 

« 

Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin,  Baber' 
Batson,  Bolinger,  Bush,  Campbell,  Carrigan,  Clingman,  Cren- 
shaw, Cryer,  Cypert,  Cochran,  Desha,  Dinsmore,  Dodson,  Dol- 
larhide,  Fishback,  Flanagin,  Floyd,  Fort,  Fuller,  Gould,  Grace, 
Griffith,  Gunter,  Hanly,  Hawkins  of  Ashley,  HiH,  Hilliard, 
Hobbs,  Kelley,  Lanier,  Mansfield,  Mayo,  Murphy,  Parks,  Pat- 
terson of  Jackson,  Patterson  of  Van  Buren,  Rhodes,  Robinson' 
Slemons,  Smith,  Smoote,  Spivey,  Stallings,  Stillwell,  Stirman, 
Stout,  Tatum,  Totten  of  Arkansas,  Turner,  Walker,  Wallace, 
Yell  and  Mr.  President — 57. 

Mr.  Adams  of  Phillips,  from  a  select  committee,  made  the 
following 


THE  CONVENTION.  295 


REPORT: 

Air.   President  and  members  of  the  convention: 

Gp.ntlemen:  Tiie  committee  to  whom  was  referred  the  duty 
to  prepare  an  ordinance  providing  for  the  transfer  of  a  portion 
of  the  jnilitary  force  of  the  State  of  Arkansas  to  the  Confedrate 
vStates  of  America,  and  have  instructed  me  to  report  the  accom- 
panying ordinance  and  resolution  for  the  action  of  the  conven- 
tion. 

Your  committee  would  further  report  that  they  have  reported 
no  provision  for, the  distribution  of  the  arms  and  ammunition 
now  in  .store  at  the  arsenal,  for  the  reason  that,  as  is  known  to 
the  convention,  brigadier  general  Bradley  has  not  as  yet 
received  the  portion  of  the  same  ordered  to  be  delivered  to  him, 
and  your  committee  have  uo  date  by  which  they  could,  be  gov- 
erned in  that  respect;  nor  have  they  reported  any  provisions  as 
to  the  collectioii  of  the  arms  of  the  state,  deeming  that  this 
matter  is  peculiarly  within  the  province  of  the  military  board, 
and  there  they  have  left  for  the  future  action  of  the  conven- 
tion. 

All  of  which  is  respectfully  submitted, 

CIIAS.  W.  ADAMS,  Chairman. 

Which  was  received. 

At  the  same  time,  JNlr,  Adams  of  Phillips  introduced 

ORDINANCE  No.  50. 

Entitled  "  an  ordinance  providing  for  the  transfer  of  a  part 
of  the  military  ^orce  of  the  State  of  Arkansas,  to  the  service 
of  the  Confederate  States  of  America." 

The  first  section  of  said  ordinance  was  read. 

Mr.  Carrigan  moved  to  postpone  the  consideration  of  the 
ordinance  indefinitely,  but  after  some  discussion,  withdrew  his 
motion. 

Mr.  Ilanly  was  called  to  the  chair. 

Mr.  President  moved  to  amend  the  first  section  by  striking 
out  all  of  the  1st  section  after  the  word  "  frontier"  in  the  18th 
line;  which  amendment  was  adopted. 

jNIr.  President  also  offered   the  following  as  a  substitute  for 

that  portion  of  the  section  not  stricken  out: 

And  brigadier  general  ?vIcCulloch  in  command  of  the  confed- 
erate troops  on  the  northern  frontier  of  the  Indian  Nations,  is 
hereby  authorized  to  call  upon  brigadier  general  Pearce  for 
finch  aid  as  he  may  deem  necessary  in  any  emergency  on  said 


296  JOURNAL    OF 


frontier,  and  brigadier  genera)  Pearce  is  hereby  empowered 
and  authorized  to  furnish  such  aid,  provided,  in  his  judgment, 
he  can  do  so  without  detriment  to  his  own  position,  or  to  the 
citizens  on  our  frontier;  and  brigadier  general  Pearce  is  hereby- 
authorized  to  call  out  additional  volunteers  to  assist  brigadier 
general  McCulloch  in  such  emergency. 

Mr.  Cypert  offered  the  following  as  a  substitute: 
And    brigadier    general    Pearce    is    hereby    authorized    and 
required  to  co-operate  with  brigadier  general  McCulloch  to  the 
full  extent  of  his  ability  in  the  defence  of  the  western  frontier. 

Which  substitute  was  accepted. 

Mr.  Smoote  moved  to  lay  the  ordinance  and  amendments 
upon  the  table,  upon  which,  Mr.  Floyd  called  for  the  yeas  and 
nays,  which  being  sustained,  was  ordered,  and  had  with  the 
following  result: 

Yeas — Messrs.  Adams  of  Izard,  Carrigan,  Crenshaw,  Haw- 
kins of  Ashley,  Murphy  and  Smoote — 6. 

Nays — Messrs.  Adams  of  Phillips,  Batson,  Bolinger,  Bush, 
Campbell,  Clingman,  Cryer,  Cypert,  Cochran,  Desha,  Dins- 
more,  Dodson,  DoUarhide,  Flanagin,  Flody,  Fort,  Fuller,  Gould, 
Grace,  Griffith,  Gunter,  Hanly,  Hill,  Hilliard,  Hobbs,  Jester, 
Johnson,  Kelley,  Lanier,  Mansfield,  Mayo,  Parks,  Patterson  of 
Jackson,  Patterson  of  Van  Bnren,  Rhodes,  Robinson,  Shelton, 
Slemons,  Smith,  Spivey,  Stallings,  Stillwell,  Stirman,  Stout, 
Tatum,  Totten  of  Arkansas,  Totten  of  Prairie,  Turner,  Walker, 
Wallace  and  Mr.  President — 51. 

So  the  ordinance  and  amendments  were  not  laid  upon  the 
table. 

Mr.  Flanagin  moved  to  lay  the  section  and  amendment  on 
the  table;  which  did  not  prevail. 

Mr.  Grace  moved  to  adopt  the  section  as  amended,  which 
prevailed,  and  the  section,  as  amended,  was  made  part  of  the 
ordinance. 

On  motion  of  Mr.  Grace,  the  3d  section  was  adopted,  and 

On  the  further  motion  of  Mr.  Grace,  the  4th  section  was 
stricken  out. 

Mr.  Cypert  offered  the  following  as  an  additional  section: 

Sec.  — .  Be  it  further  ordained,  That  the  military  board 
heretofore  constituted  by  this  convention,  shall  have  povver. 


THE    CONVENTION.  297 

when  organized,  to  enlarge,  restrain  or  amend  the  provisions 
of  this  ordinance,  when  in  their  opinion  and  discretion  it  shall 
be  necessary  to  do  so. 

"Which  was  adopted. 

At  the  time  of  introducing  the  ordinance,  Ttlr.  Adams  pre- 
sented the  following 

RESOLUTION: 

Resolved,  That  Col.  Thos.  C.  Peek,  now  in  charge  of  the 
arsenal  and  inilitar}^  stores  there  kept,  be,  and  he  is  hei'chy 
recjuired  to  deliver  to  the  order  of  Capt.  Albert  Pike,  all  of  the 
subsistence  suj)plies  now  in  ctore  in  said  arsenal  that  said 
Pike  cause  them  to  be  conveyed  to,  and  stored  at  Fort  Smith, 
pubject  to  the  order  of  brigadier  general  Pearce,  who  is  hereby 
required,  unless  otherwise  ordered  by  the  military  board,  to 
advance  to  brigadier  general  McColloch,  such  supplies  as  may 
be  required  for  his  command  on  the  northern  border  of  this 
state,  so  far  as  he  may  be  able  with  safety  to  his  command, 
until  such  time  as  said  General  McColloch  can  get  his  sup- 
plies from  the  Confedei-ate  States,  when  the  same  shall  be 
returned  by  said  Confederate  States;  Provided,  Tha'  subsistence 
for  three  companies  for  one  month  shall  be  left  at  said  arsenal. 

Which  was  read,  and  without  further  action  had,  was  placed 
dn  the  calendar. 

On  motion  of  INIr.  Flanagin,  the  convention  adjourned  until 
8  o'clock  to-morrow  morning. 

DAVID  WALKER, 

Pi'csidcnt. 


Wednesday,  May  22d,  18G1. 
Convention  met. 
Prayer  by  Rev.  Mr.  McKenzie. 
Roll  called. 

present: 

Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin,  Baber, 


298  JOURNAL    OF 


Batson,Bolinger,  Bush,  Bussey,  Campbell,  Carrigan,  Clingman 
Crenshaw,  Cryer,  Cypert,  Cochran,  Desha,  Dinsmore,  Dodson, 
DoUarhide,  Fishback,  Flanagin,  Floyd,  Fort,  Fuller,  Gould, 
Grace,  Griffith,  Gunter,  Hanly,  Hawkins  of  Ashley,  Hawkins  of 
Sevier,  Hill,  Hilliard,  Hobbs,  Hobson,  Jester,  Johnson,  Kelley, 
Kennard,  Lanier,  Mansfield,  Mayo,  Murphy,  Parks,  Patterson 
of  Jackson,  Patterson  of  Van  Buren,  Ray,  Rhodes,  Robinson, 
Shelton,  Slemons,  Smith,  Smoote,  Spivey,  Stallings,  Stillwell, 
Stirman,  Stout,  Tatum,  Totten  of  Arkansas,  Turner,  Walker, 
Wallace,  Yell  and  Mr.  President — G5. 

The  journals  of  Monday  and  Tuesday,  were  read,  approved 
and  signed. 

Mr.  Patterson  of  Jackson,  offered  the  following  preamble  and 

RESOLUTION: 

W'hereap,  This  convention  has  been  informed  that  his  excel- 
lency H.  M.  Rector,  has  placed  in  the  hands  of  the  public  prin- 
ter of  this  state,  his  proclamation,  whereby  the  General  Assem- 
bly of  this  state  is  invoked  to  meet  at  the  city  of  Little 
Rock,  on  or  before  the  1st  June.  And  whereas,  said  procla- 
mation, if  made,  is  in  direct  antagonism  to  the  will  of  this  con- 
vention, as  well  as  in  their  opinion  disastrous  to  the  interest  of 
the  people  of  this  state;  therefore. 

Be  it  resolved  bi/  the  people  of  the  State  of  Arkansas  in  conven- 
tion assembled.  That  his  excellency  be  and  he  is  hereby  respect- 
fully requested  to  suppress  the  publication  of  said  proclama- 
tion indefinitely,  that  confusion  and  injury  to  the  public  inter- 
est may  be  avoided. 

Resolved  further,  That  a  copy  of  these  resolutions  be  forth- 
with furnished  his  excellency  by  the  secretary,  with  a  request 
of  immediate  answer. 

Which  resolution  was  read  and  adopted. 
Mr.  Ray  offered  the  fallowing 

RESOLUTION: 

Resolved,  That  this  convention  adjourn  on  Monday,  the  27th 
day  of  May,  A.  D.  1861,  sine  die. 

Which,  after  discussion  was  withdrawn. 

Mr.  Flanagin  introduced  the  following 


THE  CONVENTION.  299 


ORDINANCE  No.  51. 

An  Ordin.ance  For  the  relief  of  Hon.  F.    W.    Compton. 

Beit  ordained  by  the  people  of  the  Slate  of  Arkansas,  in  con- 
vention assembled,  That  the  Hon.  F.  W.  Compton,  one  of  the 
judges  of  the  supreme  court,  who  is  not  now  in  this  cit}^  be 
allowed  to  take  the  oath  prescribed  by  ordinance  No.  35,  before 
one  of  vhe  judges  of  said  court,  or  before  the  cleric  of  the  cir- 
cuit court  of  Dallas  county,  at  any  time  within  si.xty  days  from 
the  passage  of  said  ordinance. 

Whith  was  adopted. 

Mr.  Batson  presented,  on  leave,  a  memorial  of  Wm.  j\f. 
Reasoner,  which,  upon  his  motion  was  referred  to  the  commit- 
tee on  way  J,  and  means,  without  being  read. 

jMr.  Dinsmore  asked  and  obtained  leave  of  absence  for  a  few 
hours. 

The  consideration  of  ordinance  No.  50,  was  then  resumed. 

Mr.  Adams,  of  Phillips,  moved  to  amend  the  2d  section,  by 
striking  out  the  word  "  forty,"  and  inserting  the  words  "  a  com- 
pany." 

Which  was  adopted. 

Mr.  Cypert  offered  the  following  as  a  substitute  for  the  title 
of  the  ordinance: 

"  An  ordinance  to  provide  for  the  co-operation  with  the  for- 
ces of  the  Confederate  Spates  of  America,  in  the  defence  ol  the 
western  tVontier,  and  other  purposes." 

Which  was  adopted. 

The  ordinance  as  amended,  was  then  adopted. 

On  motion  of  Mr.  Haniy,  the  resolution  introduced  yesterday 
by  Mr.  Adams,  of  the  select  committee,  was  taken  up  and  read. 

Mr.  Smoote  offered  the  following  amendment: 

"  Provided,  That  subsistence  for  three  companies  for  one 
month,  shall  be  left  at  said  arsenal." 

Which  was  adopted. 

Mr.  Stillwell  moved  to  amend  by  inserting  after  the  word 
"who,"  in  the  firstsentence,  the  words,  unless  otherwise  ordered 
by  the  military  board. 

Mr.  Flanagin  offered  the  following  amendment,  add  after  the 
word  "  state,"  the  words  .so  far  as  he  may  be  able  with  safety 
to  his  command. 


300       '  JOURXx^L    OF 


Which  was  adopted. 

The  resolution  as  amended  v/as  adopted. 

Mr.  Adams,  of  Phillips  offered  the  following 

RESOLUTION: 

..Resolved,  That  neither  the  ordinance  adopted  by  this  conven- 
tion providing  for  the  co-operation  of  military  i"orces  of  this 
state  with  the  forces  of  the  Confederate  States,  or  the  resolu- 
tion touching  subsistence  stores,  etc..  shall  be  made  public,  but 
that  the  secretary  of  this  convention  furnish  the  governor,  Capt. 
Pike  and  Generals  Pearce  and  McCuUough,  with  copies  of  the 
same,  together  with  this  resolution. 

Which  was  adopted. 

Mr.  Ilanly,  from  the  committee  on  the  judiciary,  made  the 
following 

REPORT : 
Mr.  President — 

The  committee  on  judiciary,  to  whom  were  referred 
the  accompanying  ordinance  and  resolution,  have  had  the  same 
under  consideration  and  instruct  me  to  report  the  ordinance 
herewith  submitted  as  the  result  of  their  labors  and  recommend 
its  passage.     All  of  which  is  respectfully  submitted. 

HANLY,  Chairman. 

Which   report   was   received,    and    the  following  ordinance 
rfcommended  by  said  committee,  was  read. 
ORDINANCE  NO.  52. 

Section  1.  Be  it  ordained  by  fhe  people  of  ike  Stale  of  Arkan- 
sas in  convcniion  assembled,  That  the  constitution  of  this  state 
be  amended  by  striking  out  the  words  "  United  States"  and 
inserting  the  words  "  Confederate  States"  where  they  occur  in 
the  following  places: 

In  Article  4. 

In  Section  2.  In  the  first  line. 

"  In  the  sixth  and  seventh  line. 

"  In  the  ninth  line. 

In  Section  4.  In  the  third  and  fourth  line. 
In  Section  6.  In  the  third  line. 
In  Section  9.  In  the  fifth  and  sixth  line. 
In  Article  5. 

In  Section  4.'  In  the  sixth  line. 
"  In  the  eighth  line. 

In  Section  5.  In  the  filth  line. 


THE    CONVENTION.  301 


In  Section  6.  In  third  line. 

In  Section  23.  In  the  third  line.  ^ 

Under  the  head  of  Militia.  " 

In  Section  1.   In  the  filth  line. 
In  Article  G.  ^ 

In  Section  8.  In  the  sixth  line. 
in  Article  7.  Under  Emancipation  of  slaves. 

In  Section  1.  In  line  fifth. 

In  Section  5.  In  lines  one  and  two. 

In  Section  10.  In  line  two. 

Sec.  2.  Be  it  fiL?-fiicr  ordained,  That  the  words  "  without  the 
comment  of  the  owners,"  as  they  occur  in  the  second  and  third 
lines  of  section  one,  article  seventh,  making  the  section  read, 
'  the  General  Assembly  shall  have  no  power  to  pass  laws  for 
the 'emancipation  of..sJaves»"  . .  Amend  eame  articlt;-  antl  section 
by  striking  out  whole  of  third  sentence. 

Sec.  3.  Br:  it  further  ordained,  That  sections  one,  two,  three, 
four,  five,  six,  seven,  eight,  nine  and  ten  under  the  head  of 
"  Schedule,"  on  pages  filty  and  fifty-one  of  Gould's  Digest,  I  e 
stricken  out. 

Sec.  4.  Be  it  further  ordained,  That  all  the  laws  of  Arkan- 
sas now  in  force  in  which  the  words  '•  United  States"  or  "  United 
States  of  America"  occur,  the  words  "  Confederate  States  of 
America"  shall  be  substituted.  Whenever  it  is  necessary  t(») 
adapt  the  laws  to  the  present  state  of  things,  and  hereafter  the 
laws  shall  be  so  priwted;  Provided,  This  ordinance  shall  not 
vest  in  the  Confederate  States- any  right  to  the  public  lands  or 
public  property  not  expressly  granted. 

Sec.  5.  Be  it  further  ordained,  That  the  first  clause  of  the 
amendments  to  the  constitution  of  this  state  proposed  by  the 
General  Assembly,  begun  and  held  on  the  first  Monday  in  No- 
vember, A.  1).  1844,  and  ratified  by  the  General  Assembly, 
begun  and  held  on  the  first  Monday  in  November,  A.  D.  18^4, 
ratified  by  the  General  Assembly,  begun  and  held  on  the  first 
Monday  in  November,  A.  P.  1840,  be  and  the  same  is  hereby 
stricken  out,  abrogated  and  repealed. 

6.  Be  it  further  (rdained.  That  the  fourteenth  section  of  the 
second  article  of  the  constitution  of  this  state  be  and  the  same 
is  hereby  amended  by  inserting  the  word  "  free"  between  the 
words  "  no"  and  "  man." 

7.  Be  it  further  ordained,  That  the  third  section  of  the  sixth 
article  of  the  constitution  be,  and  liie  same  is  hereby  amended 
by  adding  the  words  '•  charged  against  free  men  "  between  the 
words  "  crimes  "  and  "  amounting,"  in  the  third  line. 

Amendment  proposed  by  Mr.  Lanier. 

Article  7.  Section  2.  Under  head  "  Revenue." 

Provided  farther,    That  the   legislature    may   authorize   the 


302  JOURNAL    OF 


county  courts  of  the  respective  counties  in  this  state  to  collect 
a  specific  tax  for  the  purpose  of  building  levees  to  protect  their 
respljftive  counties  from  overflow. 

On  motion  of  Mr.  Kennard,  all  proposed  amendments  to  the 
constitution  by  inserting  the  words  "  Confederate  States,"  in 
lieu  of  the  words  "  United  States,-'  were  adopted. 

Mr.  Still  well  moved  that  100  copies  of  the  ordinance  be 
printed  for  the  use  of  the  convention. 

Which  motion  prevailed. 

Mr.  Desha  moved  to  go  into  an  election  for  a  major  general 
of  the  State  of  Arkansas,  which  motion  prevailed. 

Mr.  Jester  moved  that  such  election  be  by  ballot. 

Mr.  Johnson  moved  to  lay  the  motion  upon  the  table,  and 
called  for  the  yeas  and  nays,  which  call  was  sustained,  ordered 
and  had  with  the  following  result: 

Yeas — Messrs. Adams  of  Phillips,  Batson,  Bussey,  Cliiig- 
man,  Crenshaw,  Cryer,  Cypert,  Cochran,  Dodson,  Fort,  Ful- 
ler, Hanly,  Hawkins  of  Ashley,  Hill,  Johnson,  Mansfield,  Mayo, 
Parks,  Patterson  of  Jackson,  Ray,  Rhodes,  Robinson,  Shelton, 
Smoote,   Totten  of  Arkansas  and  Wallace — 26. 

IVays — Messrs.    Adams      of   Izard,    Austin,    Bolinger,  Bush, 
Campbell,  Carri^-an,  Desha,  Fishback,  Flanagin,  Floyd,  Gould, 
Grace,  Griffith,  Gunter,  Hawkins    ef  Sevier,   Hobbs,  Hobson 
Jester,  Kelley,  Kennard,  Patterson  of  Van  Buren,  Smith,  vSpivey 
Stillwell,  Stout,  Tatum,  Totten  of  Prairie,  Turner  Walker  and 
Mr.  President— 30. 

^o  the  motion  to  lay  upon  the  table  did  not  prevail — but  the 
motion  of  jMr.  Jester  to  go  into  the  election  of  major  general 
by  ballot,  was  carried,  and  Mr.  President  appointed  Messrs. 
Smith  and  Baber,  tellers. 

Mr.  Tatum  moved  a  call  of  the  convention,  which  being  had, 
it  appeared  that  Messrs.  Fishback  and  Stirman  were  absent  with- 
out permission. 

Whereupon,  Mr.  President  dispatched  the  sergeant  at  arms 
for  the  absentees,  and  the  election  of  such  major  general  was 
suspended. 

After  the   expiration  of  a  few  minutes  it  appeared  that  the 


^ 


THE    CONVENTION.  303 


absentees  were  within  the  bar  of  the  convention,  and  the  elec- 
tion proceeded. 

Mr.  Desha  nominated  General  James  Yell. 
Mr.  Jester  nominated  Hon.  Solon  Borland. 

There  being  no  other  nominations,  the  ballot  was  taken,  and 
it  appeared  that  Mr.  Yell  received  43  votes. 
Mr.  Borland  received  20  votes. 
Mr.  Desha  received  4  votes. 
Mr.  Griffith  received  1  vote. 
Mr.  Turner  received  1  vote. 

General  James  Yell  having  received  a  majority  of  all  the 
votes  cast  was  declared  by  the  president  duly  elected  major 
general  of  Arkansas. 

Mr.  President  presented  the  following  communication  from 
the  governor: 

THE  STATE  OP  ARKANSAS,  \ 

Executive  Office,  Lilth  Rock,     V 
May  22,   1861.   ) 

Sir.  In  deference  to  the  request  of  the  convention,  novv^ 
in  session,  as  expressed  by  the  preamble  and  resolutions  of  that 
body,  transmitted  to  me  this  morning,  I  have  the  honor  to 
inform  you  that  my  proclamation  for  the  convening  of  the 
General  Assembly  of  this  state  will  be  withheld  tor  the  pre- 
sent. 

Yery  respectfully,  your  ob't  serv't, 

H.  M.  RECTOR. 
Hon.   David  Walker, 

President  of  tJic  Slate   Convention, 

Little  Rock,  Arkansas. 

Which  was  read  and  received. 

At  10  o'clock,  a.  m.,  Hon.  Wm.  R.  Miller,  auditor,  and  Hon. 
Oliver  Basham,  treasurer  of  Arkansas,  appeared  within  the 
bar  of  the  convention,  and  took  the  oath,  as  required  by  ordi- 
nance No.  3.3. 

JMr.  Stallings,  from  the  committee  on  ways  and  means,  made 
the  following 


304  JOURNAL    OF 


REPORT: 

Mr.  President — 

The  standing  committee  on  ways  and  means,  to  whom 
was  recommitted  the  account  and  claims  of  S.  H.  Tucker  & 
Co.,  for  clothing  and  outfit  lor  the  1st  Arkansas  regiment,  which 
was  ordeied  to  march  to  Lynchburg,  Virginia,  amounting  to  the 
sum  of  $859  GO,  have  had  the  same  again  under  consideration. 
The  committee  having  given  the  subject  their  mature  investi- 
gation, are  of  opinion  that  it  wonld  be  wholly  unjust  to  with- 
hold from  the  claimant  the  amount  that  has  been  properly 
certified  by  Col.  James  F.  Fagan,  who  has  command  of  the 
regiment.  The  articles  furnished  were  indispensable  for  the 
comfort  of  our  patriotic,  chivalrous  soldiers,  who,  at  the  first 
call  of  their  country,  came  forward  at  a  moment's  call  to  defend 
the  integrity  of  the  South,  without  any  preparation  whatever 
for  their  comfort.  Therefore,  your  committee  insist  that  it  is 
just,  right  and  proper  to  allow  and  pay  off  the  claim  of  S.  H. 
Tucker  &  Co.;  and  that  the  president  of  this  convention  be, 
and  he  is  hereb}^  directed  to  certify  the  same  to  the  auditor  of 
public  accounts,  requiring  him  to  draw  his  warrant  on  the  trea- 
sury for  the  amount  of  the  same,  out  of  any  money  in  the 
treasury  not  otherwise  appropriated. 

All  of  which  is  respectfully  submitted. 

STALLINGS,  Chairman: 

Which  report  was  adopted. 

Mr.   Hanly,  from  the  commitlee  on  judiciary,  made   the  fol- 
lowing 

REPORT: 

Mr.  Presiuent — 

The  committee  on  judiciary,  to  whom  was  referred  the 
ordinance  entitled  "  an  ordinance  to  repeal  an  act  of  the 
General  Assembly  of  the  State  of  Arkansas, approved  .January 
15th,  1861,  entitled  'an  act  to  establish  nine  judicial  circuits  in 
this  state,'  "  have  had  the  same  under  consideration,  and  instruct 
me  to  report  that  they  appreciate  and  commend  the  policy 
which  dictated  the  ordinance  in  question,  it  being,  asyoui-  com- 
mittee  are  satisfied,  retrenchment  in  the  expenditures  of  the 
state,  with  the  view  of  enabling  it  to  bear  the  heavy  outlays 
anticipated  to  result  from  the  war  in  which  we  are  now  en- 
gaged, in  common  with  our  fellow-citizens  of  the  Confederate 
States  of  America;  but,  notwithstanding  this,  your  committee 
do  not  regard  the  amount  that  would  be  saved  to  the  state  by 
the  ordinance  in  question,  to  be  of  sufficient  value  to  compen- 
sate it  for  the  derangement  and  inconvenience  that  would  be 


THE    CONVENTIOX..  305 

occasioned  by  the  ordinance  under  consideration,  and  therefore, 
instruct  me  to  recommend  to  your  honorable  body  the  rejection 
of  paid  ordinance. 

All  of  which  is  respectfully  submitted. 

HANLY,    CItairmdn. 

Which    report    was    read   and    adopted,    and  the  ordinance 
thereby  rejected. 

Mr.  Hanly,  from  the  same  committee,  made  the  following 

REPORT: 

Mr.  Pkesidext — 

The  committee  on  judiciary,  to  whom  was  referred 
the  petition  or  memorial  of  William  Hill,  accompanied  by  a 
resolution,  intended  to  authorize  the  president  of  this  conven- 
tion to  grant  an  unconditional  pardon  to  Francis  M.  Hill,  a 
convict  in  the  jail  and  jicnitcntiary  house  of  this  state,  have 
had  the  same  under  consideration,  and  instruct  me  to  report 
that  they  are  satisfied,  from  the  facts  which  your  committee 
had  before  them,  that  the  young  man,  Francis  M.  Hill,  men- 
tioned in  the. petition  or  memorial,  id  deserving  the  clemency 
of  your  honorable  body  which  is  asked  by  the  terms  c  '  the 
petition  or  memorial  in  question.  Your  committee  have,  there- 
fore, instructed  me  to  report  an  ordinance,  empowering  the 
president  of  this  convention  to  issue  letters  of  pardon  to  the 
said  Francis  M.  Hill,  and  directing  therein  the  keeper  of  the 
penitentiary,  upon  the  presentation  of  such  letters  of  pardon 
to  him,  to  discharge  the  said  Francis  M.  Hill  from  further  im- 
prisonment therein.  And  your  committee,  fearing  lest  other 
cases,  deserving  like  clemency,  may  exist,  have  instructed  me 
to  report  a  general  ordinance,  empowering  the  governor  of  this 
state  to  pardon  any  other  person  held  in  custody,  whether  under 
decree  or  civil  process,  emenating  fiom  either  of  the  United 
States  district  courts,  lately  in  existence  in  this  state,  under 
like  circumstances,  limitations  or  restrictions,  prescribed  in  the 
constitution  of  this  state. 

Your  committee  instruct  me  to  recommend  to  your  honorable 
body  the  passage  of  the  two  ordinances  herewith  subautted. 

All  sf  which  is  respectfully  submitted. 

HANLY,  Chairiiiun. 

Which  was  received,  and  the  following  petition  read: 

To  the  Convention  of  the  sovercis^n  people 

■  of  the   Slate   of  Arkansas: 
The  petition  of  William  Hill,  a  citizen  of  the  county  of 
20 


306  JOURNAL    OF 


Pulaski,  in  said  State  of  Arkansas,  respectfully  shows  unto 
your  honorable  body  that,  at  the  October  terra,  A.  D.  1858,  of 
ihe  district  court  of  the  United  States,  in  and  for  the  eastern 
district  of  the  State  of  Arkansas,  an  indictment,  in  due  form  of 
law,  was  prepared  against  Francis  M.  Hill,  son  of  this  peti- 
tioner, for  the  offence  of  robbing  the  mails  of  said  United 
States  government;  that  on  the  7th  day  of  October,  1858,  said 
Francis  M.  Hill,  appeared  in  said  court,  openly  confessed  his 
guilt,  and  threw  himself  upon  tlie  mercy  of  the  court,  and  was 
accordingly  sentenced  to  six  years  impi'isonment  in  the  jail  and 
penitentiarj'^  house  of  the  State  of  Arkansas,  where  he  has 
since  been  closely  confined,  and  subjected  to  hard  labor;  that 
said  Francis  M.,  was  but  a  mere  youth  at  the  time  of  the  com- 
mission of  the  crime  for  which  he  has  been  so  fearfully  punished; 
a  country-raised  boy,  who  was  misguided  by  the  enticements 
of  city  life,  and  lead  into  sin  by  the  temptations  of  pleasure 
and  folly;  that,  when  charged  with  the  crime,  he  readily  ac- 
knowledged it,  made  no  attempt  at  concealment,  but  showed 
every  indication  of  sincere  penitence,  and  mortification  at  the 
disgrace,  brought  by  his  own  folly  and  sin,  upon  an  affectionate 
father  and  mother  and  innocent  sisters,  whose  tender  age  pre- 
vented their  knowing  the  extent  of  his  degradation,  and  their 
own  disgrace. 

Petitioner  further  represents  that,  after  the  imprisonment  of 
his  son,  as  aforesaid,  a  memorial,  signed  by  most  of  the  citizens 
of  this  county,  was  transmitted  to  his  excellency,  James  Bu- 
chanan, then  President  of  the  United  States,  setting  forth  the 
facts  connected  with  the  conviction  aforesaid,  and  was  favora- 
bly considered  by  him,  being  urged  by  both  of  the  United  States 
•senators  from  this  state,  and  other  prominent  citizens,  who  were 
acquainted  with  the  facts,  but  his  decision  in  the  matter  was 
suspended  until  he  could  receive  a  communication  on  the  sub- 
ject from  Hon.  Daniel  Ringo,  then  district  judge  in  said  east- 
ern district  of  Arkansas,  and  who  presided  when  said  judgment 
and  sentence  of  imprisonment  was  rendered.  Petiitioner  furth- 
er represents  that  the  said  Hon.  Daniel  Ringo  did,  afterwards, 
address  a  letter  to  the  president,  recommending  the  pardon  of 
said  Francis  M.  Hill,  but  amid  all  the  excitement  and  confusion 
consequent  upon  the  election  of  Mr.  Lincoln,  and  the  secession 
of  several  of  the  scuthern  states,  and  the  general  disarrange- 
ment of  all  governmental  matters,  this  subject  was  neglected, 
and  no  action  was  taken  on  Judge  Ringo's  recommendation. 

Petitioner  submits,  that  inasmuch  as  the  people  of  this  state, 
acting  through  your  honorable  body,  have  dissolved  their  con- 
nection with  the  old  Federal  Union,  this  convention  is  the  only 
source  to  which  he  can  now  look  for  that  clemency,  in  behalf 
of  his  erring  son,  which  the  nature  of  his  case  would  seem  to 
jusiify.     And,  for  as  much  as  he  has  shown  every  indication  of 


♦^IRi; 


THE    COXVEXTIOX.  307 

a  sincere  repentance,  and  the  rigid  demands  of  the  law  have 
been  amply  satisfied,  and  the  community,  in  which  the  offence 
was  committed,  are  now  almost  unanimously  of  opinion  that 
the  imprisonment  for  over  two  years  and  a  half,  which  he  has 
undergone,  has  been  a  punishment  at  least  commensurate  with 
the  crime  committed,  your  petitioner  would  humbly  pray  your 
honorable  body  to  pass  an  ordinance,  releasing  said  Francis 
M.  Hill  from  the  remainder  of  the  term  for  which  he  was  sen- 
tenced; and  he  presents  herewith  the  petition  of  numerous 
good  citizens  of  said  Pulaski  county,  joining  in  the  prayer 
hereof,  etc. 

^yILLIAI\I  HILL. 


We,  the  undersigned,  recommend  the  above  petition  to  the 
favorable  consideration  of  the  convention,  and  pray  them  to 
grant  the  pardon  therein  praved  for. 

JAO.  J.  CLENDENIN, 

Juds^c  5th  Judicial  Circuit. 
JOHN  M.^HARRELL,  Late 

U.  S.  Atthj  Eastern  Dist.  Ark. 
J.  L.  HOLLOWELL, 

Attorney  General  Aikansas. 
GEO.  C.  W ATKINS. 
J.  G.  HALLIBURTON. 
S.  H.  HEMPSTEAD. 
ALBERT  PIKE. 
C.  P.  BERTRAND. 
S.  H.  TUCKER, 
JAMES  A.  MARTIN, 
Deputy  Marshal  that  arrested  Hill. 


Little  Rock,  Arks.,  Jan'y  28,  18G1. 
To  his  excellency, 

The  President  of  the  United  States: 

Sir — At  the  October  term  of  the  district  court  of  the  United 
States,  in  and  for  the  eastern  district  of  Aikansas,  in  the  year 
A.  D.  1858,  a  young  man  named  Francis  Hill,  was  indicted  for 
the  crime  of  stealing  from  the  post-office  at  Little  Rock,  certain 
letters  belonging  to  the  United  States  mail,  containing  money 
and  things  valuable,  and  being  arraigned  upon  such  charge 
pleaded  guilty  thereto,  and  was,  by  said  court  thereupon  sen- 


308  JOURNAL    OF 


tenced  to  imprisonment,  at  hard  labor,  in  the  penitentiary  of 
said  state  for  a  term  of  six  years.  Since  then  he  has  been,  and 
is  now,  conlined  in  said  prison,  in  execution  of  said  sentence, 
and  has,  during  the  whole  period  of  such  imprisonment,  as  I 
am  informed  by  the  keepers  of  said  prison,  behaved  v/ell,  and 
exhibited  evidences  of  contrition  for  his  said  act. 

His  parents  are  respectable  citizens  of  this  community,  and 
he,  previous  to  his  detection  in  this  act  of  larceny,  maintained 
a  good  character,  having  been,  until  a  short  time  previous,  for 
years  engaged  as  a  clerk  or  assistant  in  the  post-office  at  this 
place,  in  which  capacity  he  was  accommodating,  and  had  the 
confidence  generally  of  the  people.  But  there  had  been,  be- 
fore his  detection,  sundry  thefts  from  the  mail,  running  through 
a  period  of  some  months,  which,  after  his  detection,  were  gen- 
erally believed  to  have  been  perpetrated  by  him,  or  him  and 
others  in  concert;  and  I  have  recently  been  informed  that  there 
is  good  reason  to  believe  that  whatever  part  he  may  have  had 
in  such  depredations  upon  the  mail,  it  was  induced  mainly  by 
others,  with  whom  he  had  unfortunately  become  associated, 
who  were  much  worse  than  he,  and  having  gained  his  confi- 
dence were  enabled  to  influence  him  to  this  conduct,  he  being 
then  very  young,  and  of  an  easy  and  confiding  disposition,  so 
that  the  moral  turpitude  of  his  crime  is  believed  to 'rest  more 
upon  his  associates  and  confederates  than  upon  himself.  Be- 
sides this,  he  has  never  evinced  an  evil  or  vicious  disposition, 
and  there  are  many  good  citizens  here  who  know  him  well, 
who,  1  have  reason  to  believe,  desire  his  release  from  said 
imprisonment, 

I  presided  at  his  conviction,  and  pronounced  the  sentence 
against  him,  but  now  believe  that  in  his  case  the  law  has  been 
sufficiently  vindicated,  and  that  neither  society,  or  the  public 
justice  would  suffer  detriment  by  his  discharge.  I  therefore 
unite  with  those  who  have  heretofore  petitioned  you  to  pardon 
him,  in  accommodating  it,  if  upoii  these  facts  and  circumstances 
you  shall  deem  it  proper  to  relieve  him  from  the  further  execu- 
tion of  said  sentence. 

Very  respectfully,  your  ob't  serv't, 

DANIEL  RINGO,  U.  S.  Judge 

for  the  Arkansas  Districts. 

The  ordinance  accompanying  the  report  was  then  read: 

ORDINANCE  No.  53. 

An  Ordinance  for  the  rditf  of  Francis  M.  Hill. 

Be  it  ordained  h]/ the  pcop/eof  the  State  of  Arkansas  in  conven- 
tion assembled,  That  the  president  of  this  convention  be,  and 
he  is  hereby  authorized  and  empowered  to  grant  an   uncondi- 


THE    COXVEXTIOX.  .    "*        309 

tional  pardon  to  Francis  M.  Hill,  who  wasi,  at  the  October 
term,  A.  D.  1858,  of  the  district  court  of  th  3  United  States,  in 
and  for  the  eastern  district  of  Arkansas,  convicted  of  robbing 
the  mails  of  the  United  States,  and  sentenced  to  imprisonment 
in  the  jail  and  penitentiary  house  of  the  State  of  Arkansas,  for 
a  period  of  six  years. 

2.  Be  it  further  ordained,  That  upon  the  evidence  of  the 
pardon,  to  be  issued  by  the  president  aforesaid,  being  presented 
to  the  keeper  of  the  Jail  and  penitentiary  house  of  this  slate, 
he  is  hereb3'^  required  to  discharge  the  said  Francis  JM.  Hill 
i'rom  his  custody. 

The  following  ordinance  referred  to  in  the  report  of  the  com- 
mittee was  also  read: 

ORDINANCE  No.  54. 

An  Orpinance  aul/iorizin^^  the  governor  to  grant  pardons  and 
remit  fin ts  and  jorfcilures  in  certain  cases. 

Be  it  ordained  bi/  the  people  of  the  State  of  Arkansas  in  convcn- 
venth,n  assembled,  That  the  governor  of  this  state  shall  have 
power,  in  all  criminal  and  penal  cases  w'here  convictions  have 
been  had  in  the  distiict  courts  of  the  United  States,  for  the 
eastern  and  western  districts  of  Arkansas,  to  grant  pardons, 
and  remit  fines  and  forfeitures,  in  the  same  manner,  and  upon 
the  same  conditions  as  he  is,  by  the  constitution  and  laws  of 
the  State  of  Arkansas,  authorized  to  do  in  cases  of  convictions 
in  the  courts  of  this  state. 

2.  Be  it  further  ordained,  That  this  ordinance  take  eOect  and 
be  in  force  from  and  after  its  passage. 

Which  was  also  adopted. 

Mr.  Stillvvell  offered  the  following  • 

RESOLUTION: 

Resolved,  That  the  auditor  of  public  accounts  be,  and  he  is 
hereby  required  to  draw  his  warrant  on  the  treasurer  in  favor 
of  S.  H.  Tucker  &  Co.,  for  the  amount  of  their  claim,  the  pay- 
ment of  which  is  recommended  by  the  committee  on  ways  and 
means. 

]\Ir.  Still  well  moved  its  adoption. 

On  which  motion  INIr.  Flanagin  called  forthe  yeas  and  nays, 
which  call  was  sustained,  ordered,  and  had  with  the  following 
result: 

Yeas — Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Baber 
Batson,  Bush,  Busscy,  Campbell,  Cypert,  Cochran,  Desha,  Dod- 


^ 


310  JOURNAL    OF 


son,  Floyd,  Fort,  Fuller,  Gould,  Grace,  Griffith,  Gunter,  Hill, 
Ilanly,  Hawkins  ot  Ashley,  Hawkins  of  Sevier,  Hilliard,  Hobbs, 
Hobson,  Jester,  Kelley,  Kennard,  Lanier,  Mansfield,  Mayo, 
Murphy,  Parks,  Patterson  of  Jackson,  Patterson  of  Van  Buren, 
Rhodes,  Robinson,  Shelton,  Slemons,  Smith,  Smoote,  Spivey, 
Stallings,  Stillwell,  Stirman,  Stout,  Totten  of  Arkansas,  Totten 
of  Prairie,  Turner  and  Mr.  President — 50. 

Nays— Messrs.  Austin,  Bolinger,  Carrigan,  Clingman,  Cren- 
shaw, Cryer,  Dollarhide,  Flanngin,  Johnson,  Ray,  Tatum, 
Walker,  Wallace  and  Yell — 14. 

So  the  resolution  was  adopted. 

Mr.  Floyd  offered  the  following 

RESOLUTION: 

Resolved,  That  Capt.  Pike  be  required  to  take  up  to  Fort 
Smith,  all,  or  the  necessary  quantity,  of  the  medical  stores  on 
deposit  at  the  arsenal,  and  deliver  the  same  to  General  Pearce 
for  the  use  of  the  army. 

Which  was  adopted. 

]Mr.  Slemons  introduced 

ORDINANCE  No.  55, 

Entitled  "  an  ordinance  for  the  relief  of  the  people;"  which 
was  referred  to  the  committee  on  judiciary  without  being  read. 
Mr.  Mayo  offered  the  following 

RESOLUTION: 

Resolved,  That  the  committee  on  ways  and  means  be  required 
to  take  into  consideration  the  propriety  of  tendering  a  loan  to 
the  Confederate  States,  founded  on  the  public  lands,  which 
have  reverted  to  this  state,  and  report  to  this  convention  at 
their  earliest  convenience. 

Which,  on  motion  of  Mr.  Yell,  was  laid  on  table. 

On  motion  of  Mr.  Kennard,  ordinance  No.  15,  was  taken  up 
and  made  the  special  order  for  to-morrow  morning  9  o'clock. 

On  motion  of  Mr,  Hanly,  ordinance  No.  40,  entitled  "  an 
ordinance  for  the  relief  of  such  citizens  of  Arkansas,  as  may 
be  engaged  in  the  military  service  of  the  State  of  Arkansas  or 
the  Confederate  States,"  was  taken  up  and  read. 

The  first  section  was  read  and  adopted. 


THE    COXVENTION.  311 

The  second  section  was  read. 

Mr.  Hawkins,  of  Ashley,  moved  to  amend  by  inserting  after 
the  words  "  shall  be,"  the  words  "  suspended  during  the  time 
said  citizen  is  engaged  in  the  military  service  of  said  state  or 
Confederate  States." 

Which  on  motion  of  l\Ir.  Grace,  was  laid  on  the  table. 

Mr.  Patterson,  of  Jackson,  offered  the  following  amendment: 

In.«ert  after  the  v.'ouds  "  proven  by,"  the  words  "  any  officer 
now  authorized  b}'  law  to  serve  process,  or  by." 

Which  was  adopted,  and  the  section,  as  amended,  was  adopted. 

JMr.  llanly  offered  the  following  amendment: 

Amend  the  4th  line,  between  the  words  "  of"  and  "  some,'' 
by  inserting  the  words  "  the  defendant  or;"  and  by  striking  out 
the  word  "defendant,"  in  same  line,  and  inserting  "  him  and 
the  affidavit  provided  for  in  this  section  may  be  made  before 
any  military  officer  in  the  service  of  this  state,  or  of  the  Con- 
federate States,  or  any  civil  officer  authorized  by  any  state  in 
the  confederac}-,  to  administer  oaths  without  further  authenti- 
cation." 

]\Ir.  Austin  offered  the  following  as  a  substitute: 

Amend  by  inserting  the  words  "  or  defendants,"  after  the 
word  "  defendant,"  in  2d  line,  and  striking  out  all  after  the 
■word  "  states,"  in  the  second  line,  to  the  word  "  which,"  in  the 
third  line,  and  insert  the  word  "the"  after  the  word  "  for,"  in 
the  fourth  line,"  and  after  the  word  "  defendant,"  in  the  same 
line,  add  the  words  "  or  defendants." 

Mr.  Tatum  moved  to  lay  the  substitute  on  the  table;  which 
prevailed. 

On  motion,  the  amendment  of  JMr.  Hanly  was  adopted. 

]\Ir.  Flanagin  moved  to  amend  by  striking  out  the  word  "the," 
where  it  referred  to  defendant,  and  inserting  "  a;"  which  was 
adopted,  and  the  section,  as  amended,  adopted. 

Section  4'  was  then  read. 

]*lr.  Kennard  moved  to  amend  by  striking  out  "  every  per- 
Fon,"  and  inserting  in  lieu  the  word  "  all  persons;  which  was 
adopted,  and  the  section,  as  amended,  was  adopted. 

The  5th  section  was  then  read. 

Mr.  Patterson,  of  Jackson,  moved  to  amend  by  adding  to  the 
section: 

"  The  truth  of  which  allegation  may  be  tried  by  a  jury,  when 


312  JOURNAL    OF 


demanded  b}-  Ihe  defendant,  or  some  person  for  him,  before  the 
tribunal  to  which  such  execution  or  process  ma}'  be  made 
returnable." 

Which  was  adopted,  and  the  section  as  amended,  was  also 
adopted. 

The  Gth  section  was  then  read. 

]\Ir.  Hanly  moved  to  amend. 

By  inserting  in  the  1st  line,  after  the  word  "  peace,"  the  fol- 
lowing phrase:  "  rendered  against  persons  in  the  militdry  ser- 
vice of  this  state,  or  the  Confederate  States." 

]Mr!  Carrigan  offered,  as  a  substitute,  to  amend  by  striking 
out  all  after  the  word  "  that,"  to  the  word  "judgments,"  and 
strike  out  the  words  "  personal  property,"  in  last  clause,  and 
insert  the  word  "  slaves." 

JMr.  Lanier  moved  to  lay  the  section,  amendment  and  substi- 
tute on  the  table;  which  motion  prevailed. 

Mr.  Patterson,  of  Jackson,  offered  the  following  as  section 
six: 

Sec.  G.  In  any  case  where  a  suit  may  be  pending,  or  may 
hereafter  be  instituted  in  any  court  in  this  state,  against  two  or 
more  persons,  a  part  of  whom  may  be  in  the  militar}'  service 
of  the  State  df  Arkansas,  or  of  the  Confederate  States,  it  shall 
be  lawful  for  the  plaintiff  or  plaintiffs  to  dismiss  said  suit  as  to 
such  of  the  defendants  as  may  be  engaged  in  such  military  ser- 
vice, and  proceed  against  the  others  to  final  judgment  and  exe- 
tion,  as  now  provided  by  law. 

Which  was  adopted. 

Mr.  Flanagin  offered  the  following  as  an  additional  section: 

Sec.  7.  In  all  cases  where  it  shall  appear  that  the  judgment 
debtor  in  service  is  not  the  sole  principal  debtor,  an  execution 
may  issue  by  order  of  court,  after  notice,  against  the  remaining 
judgment  debtors,  but  not  against  the  person  in  such  service. 

Which  was  adopted. 

Mr.  Flanagin  offered  the  following  as  an  additional  section: 

Sec.  8.  In  all  cases  where  an  execution  shall  be  issued 
against  a  person  who  shall  thereafter,  before  sale  enter  the 
military  service  of  this  state  or  of  the  Confederate  States.  The 
officer  having  said  execution  shall  not  enforce  the  same  against 
the  property  of  such  person. 

Which  was  adopted. 

The  last  section  was  then  read. 


THE    CONVEXTIOX.  313 


JMr.  Mayo  moved  to  amend  by  adding- 

"  But  this  ordinance  sliall  not  extend  to  collectors  of  revenue 
of  state  or  count3\" 

Mr.  Clingman  offered  the  following  as  a  substitute  for  such 
amendment: 

Sec.  9.  That  nothing  in  the  ordinance  shall  be  so  construed 
as  to  prevent  the  due  collection  of  taxes. 

Which  was  adopted,  and  the  section  as  amended  was  also 
adopted. 

Mr.  ]\Iayo  moved  to  amend  the  Gth  section  by  adding,  "but 
this  section  shall  not  apply  to  securities,  where  principal  is  in 
the  service." 

Which,  on  motion  of  Mr.  Bush,  was  laid  on  the  table. 

The  ordinance,  as  amended,  was  then  adopted. 

Mv.  Bolinger  offered  the  following 

RESOLUTIOX: 

Resolved,  That  the  committee  on  judiciary  be,  and  they  are 
hereby  instructed  to  report  an  amendment  to  the  constitution  of 
the  State  of  Arkansas,  so  as  to  admit  of  cases  of  assault  and 
battery,  under  the  jurisdiction  of  justices  of  the  peace. 

Which,  after  some  discussion  was  withdrawn. 
Mr.  Floyd  offered  the  following 

RESOLUTION: 

Resolved  by  Vic  Convention,  That  the  two  companies  of  infan- 
try, no\V  quartered  at  the  state  arsenal  commanded  by  Captains 
Echols  and  Lyons,  from  the  counties  of  Calhoun  and  Ouachita, 
be,  and  they  are  hereby  ordered  to  march  forthwith — and  the 
Columbia  Guards,  now  on  their  march  to  this  city,  commanded 
by  Capt.  Killgore,  when  they  arrive,  shall  also  march  forthwith 
and  report  their  respective  companies  to  Gen.  Pearce,  at  Fort 
Smith,  for  active  service  on  the  north-western  frontier. 

Pending  the  discussion  of  which, Mr.  Tatum  moved  to  adjourn; 
the  resoluiion  was  then  placed  on  the  calendar,  and  the  con- 
vention adjourned  until  to-morrow  morning  0  o'clock. 

DAVID  WALKER, 

Prtsidtnt. 


314  JOURNAL    OF 


Thursday,  May  2Sd,  18G1. 

Convention  met  pursuant  to  adjournment. 

Roll  called. 

present: 

Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin,  Baber, 
Batson,  Bolinger,  Bush,  Bussey,  Campbell,  Carrigan,  Clingman, 
Crenshaw,  Cryer,  Cypert,  Cochran,  Desha,  Dinsmore,  Dod- 
son,  Dollarhide,  Fishback,  Flanagin,  Floyd,  Fort,  Fuller, 
Gould,  Grace,  Griffith,  Gunter,  Ilanly,  Hawkins  of  Ashley, 
Hawkins  of  Sevier,  Hill,  Hilliard  Hobbs,  Hobson,  Jester, 
Johnson,  Kelly,  Kennard,  Lanier,  Mansfield,  Mayo,  Murphy, 
Parks,  Patterson  of  Jackson,  Patterson  of  Van  Buren,  Ray, 
Rhodes,  Robinson,  Shelton,  Slemons,  Smith,  Smoote,  Spivey, 
Stallings,  Still  well,  Stirman,  Stout,  Tatum,»Totten  of  Arkan- 
sas, Totten  of  Prairie,  Turner,  Walker,  Wallace,  Yell  and 
Mr.   President— GO. 

The  j(mrnal  of  yesterday  was  read,  approved  and  signed. 

On  leave,  Mr.  Turner  presented  the  following  memorial  of 
Col.  N.  B.  Burrow,  representing  that  as  one  of  the  securities  of 
the  late  PetsrT.  Crutchfield,  deceased,  there  was  in  his,  and  the 
hands  of  certain  others  as  such  securities,  certain  moneys  of 
the  United  States,  etc.,  etc. 

Little  Rock,  May  22d,  18G1. 
Hon.  Jesse  Turner,  Delegate  to  Convention: 

Dear  Sir — Allow  me  through  this  communication,  to  inform 
the  honorable  convention,  of  which  you  are  a  member,  that  on 
the  12th  January  last.  Major  P.  T.  Crutchfield  departed  this  life, 
leaving  to  the  poss^ssi  )n  of  his  official  securities,  the  funds  of 
the  United  States,  held  by  him  prior  to  that  time  in  his  several 
official  characters,  as  receiver  of  the  Little  Rock  land  district, 
disbursing  agent  of  the  post  office  department,  pension  agent, 
disbursing  agent  for  the  U.  S.  paymasters  and  Indian  agencies 
west,  and  U.  S.  depository,  at  Little  Rock,  Arkansas;  these 
funds  were  held  intact,  until  after  the  meeting  and  adjourn- 
ment of  the  sovereign  state  convention,  in  March  last,  with  the 
view,  on  my  part,  of  placing  the  sum  thus  on  deposit  (say  one 
hundred  thousand  dollars)  at  the  control  of  the  convention — 
since  that  time  the  pressing  wants  of  those  who  had  rendered, 
in  Arkansas,  service  to  the  federal  government,  as  well  as  the 
necessities  of  comm.erce  about  the  city  of  Little  Rock,  where 


THE    CONVENTION.  315 

the  U.  S.  drafts  had  accumulated,  required  payments  to  be 
made.  Large  amounts  of  U.  S.  drafts,  chiefly  for  postal  service 
have  accordingly  been  paid  by  the  securiiies  out  ot  the  funds 
which  were  on  hand.  The  undersigned  has  paid  accounts  adju- 
dicated and  allowed  by  the  U.  S.  district  court,  at  Van  Buren, 
Arkansas.  There  are  other  like  accounts,  which  have  not  as 
yet  been  adjudicated  by  any  authorized  agent,  upon  which  the 
necessities  of  those  charged  with  the  keeping  of  the  U.  S. 
])risoners,  have  induced  me,  likewise,  to  make  advances  from 
iny  private  purse — accounts  of  officers  of  the  late  federal  court 
at  Little  Rock,  Arkansas,  are  to  some  extent  in  the  same  con- 
dition, as  I  am  informed. 

In  addition  to  this,  the  claims  of  the  widow  and  legal  repre- 
sentatives of  Maj.  P.  T.  Crutchtield,  deceased,  for  extra  servi- 
ces rendered  the  government  in  his  several  onerous  oflicial 
characters  remain  unsettled.  Tiie  legislature  of  Arkansas  has 
heretofore  recommended  an  adjustment  of  this  claim  upon  a 
basis  satisfactory  to  the  late  depositarj^  and  those  officially 
cognizant  of  the  great  laboi's  performed,  and  services  rendered, 
have  constant!}'  declared  their  intention  to  make  compensation. 
•It  remains  yet  to  be  done. 

I  ask,  in  behalf  of  these  several  parties,  that  the  sovereign 
convention  of  Arkansas  interpose  its  authority  for  the  protec- 
tion of  its  citizens  in  this  behalf,  and  appoint  some  competent 
arbiter  to  adjudicate  the  unsettled  claims,  which  it  would  scetn 
must  be  paid  out  of  this  fund. 

The  Hon.  Daniel  Ringo,  late  U.  S.  district  judge  for  the  dis- 
trict of  Arkansas,  is,  by  reason  of  the  office  formerly  held  by 
him,  specially  familiar  with  the  character  of  all  claims  of  the 
respective  officers  of  said  courts,  and  the  accounts  of  the  courts 
antl  dues  to  jurors  and  others,  and  would  enter  upon  the  dis- 
charge of  the  duties  indicated,  as  I  am  informed,  if  requested 
thereto  by  the  convention. 

Should  t!ie  convention  think  proper  to  appoint  Judge  Ringo 
to  examine,  adjudicate  and  certify  the  claims  of  officers  of  the 
late  U.  S.  courts  in  Arkansas,  1  ask,  in  behalf  of  the  legal 
representatives  of  Maj.  P.  T.  Crutchtield,  deceased,  that  Judge 
Ringo  be  authorized  also  to  examine  and  adjudicate  the  claims 
for  allowances  for  extra  services  rendered  as  aforesaid,  etc. 

On  the  17th  April  last,  orders  were  issued  by  IMr.  Mitchell, 
comptroler  of  the  treasury,  at  Washington,  to  the  representa- 
tives of  the  deceased  U.  o.  Depository,  to  pay  over,  etc. 

On  the  3d  of  the  present  month,  Mr.  Chase  at  the  city  of 
Washington,  addres.^^ed  an  additional  letter  to  the  undersigned, 
which  was  not  received  until  after  the  passage  of  the  onlinance 
of  secession,  directing  the  moneys  on  hand,  to  be  paid  over,  for 
I  consider  it  improper,  if  not  illegal  and  dislbyal  for  me  to  obey 
further,  any  orders  of  the  U.  IS.  treasurer. 


31G  JOURNAL    OF 


I  therefore  respectfully  ask  of  the  sovereign  state  convention 
to  assume  active  control  of  the  whole  subject,  and  possession 
of  the  balances  on  hand,  after  such  payments  have  been  made, 
as  by  the  convention  may  be  ordered. 

There  are  other  securities  in  the  premises;  my  wife,  however, 
is  the  daughter,  and  only  child  of  Maj.  P.  T.  Crutchfield,  dec'd., 
and  honor  would  require  me  to  interpose  my  whole  estate  be- 
tween the  other  securities  and  ultimate  loss,  and  therefore,  1 
consider  myself  chiefly  responsible. 

Public  business,  of  importance,  calls  me,  for  a  few  days,  to 
the  west,  and  whilst  I  do  not  understand  that  there  is  any  very 
great  or  material  diOerence  of  opinion  among  the  securities,  I 
address  this  letter  in  my  own  name,  becau.-;e  1  have  not  time  at 
present  to  confer  more  fully  with  the  gentlemen  whose  names 
are  upon  the  official  bonds  of  the  late  U.  S.  Depository. 

The  outside  keys  of  the  vault  which  contain  the  moneys  on 
hand,  as  well  as  the  keys  of  the  boxes  in  which  it  is  placed,  are 
in  my  possession,  and  will  be  at  the  command  of  the  conven- 
tion upon  my  return  to  th.s  city,  in  a  week  or  ten  days. 

The  precise  amount  on  hand  cannot  be  stated,  as  the  accounts 
have  not  been  made  up,  but  after  paying  the  claims  indicated 
and  outstanding  U.  S.  post  office  drafts,  the  balance  may  be 
stated  at  from  five  to  ten  thousand  dollars. 

Respectfully,  your  ob't  serv't., 

N.  B.  BURROW. 

Mr.  Stillwell  presented  the  following  memoiial  from  Messrs. 
Tncker,  Bertrand,  and  others,  the  remainder  of  such  securities, 
relating  to  the  same  object. 

To  the  Arkansas  State   Convention  now  in  session: 

The  undersigned,  j'our  memorialists,  securities  of  the  late 
Peter  T.  Crutchfield,  U.  S.  Receiver  and  Depositary,  at  Little 
Rock,  respectfully  represent,  that  he  died  on  the  12th  of  Jan- 
uary, 18G1,  leaving  on  hand  of  government  moneys  about 
'^94,000,  and  which  was  from  that  time  considered  in  the  hands 
of  his  securities,  and  for  which  they  were  held  responsible. 

Those  securities  are,  S.  H.  Tucker,  C.  P.  Bertrand,  Peter 
Hanger,  N.  B.  Burrow  and  S.  H.  Hempstead,  and  who  are 
good  for  the  amount.  , 

The  securities,  as  it  was  their  duty  to  do,  proceeded  in  April 
last  to  pay  drafts  drawn  on  the  fund,  in  favor  of  our  own  citi- 
zens, to  the  amount  of  about  ^.58,000,  and  for  which  they  hold 
the  drafts  as  vouchers;  and  much  of  which  was  for  postal  ser- 
vice in  our  state.  Not  a  dollar  was  paid  to  any  other  than 
citizens  of  our  state. 


THE    CONVENTION.  317 

There  is  due  to  jMessrs.  Rapley  &  Hanger,  for  mail  service  in 
Arkansas,  an  amount  sufficient  to  exhaust  the  balance  of  this 
fund,  and  for  which  they  are  expecting  drafts,  and  the  under- 
signed expect  and  desire  to  appropriate  the  money  in  that  way, 
and  therefore  respectfully  request  the  convention  to  take  no 
action  in  reference  to  this  baldiicc;  assuring  the  convention  that  it 
will  be  held  and  faithfully  appropriated  to  that  object. 

We  make  this  request  because  we  learn  that  one  ot  the  secu- 
rities (N.  B.  Burrow,)  has,  or  will  ask  the  convention  to  take 
jurisdiction  of,  and  possession  of  this  money;  and  which  is  with- 
out our  consent,  and  against  our  protest;  and  which  would  very 
seriously  embarrass  and  injure  us,  and  without  any  necessity 
for  it.  We  do  not,  of  course  deny  the  right  of  one  security  to 
express  any  opinion  he  pleases  as  to  this  fund  or  its  destination; 
but  we  cannot  concede  that  any  one  can  make  an  offer  of,  or 
control  it,  against  the  wishes  of  the  others,  so  as  in  any  manner 
to  commit  or  bind  them  or  in  an}^  way  affect  their  rights. 

Whatever  may  be  thought  or  said  of  the  right  of  confisca- 
tion, unto  which  wc  do  not  enter  at  all;  it  is  very  apparent  that 
this  balance  does  not  stand  upon  the  same  footing  as  moneys 
belonging  to  the  United  States,  because  it  is  in  the  hands  of  the 
securities,  and  has  been,  in  fact,  destined  and  appropriated 
towards  postal  services,  rendered  by  those  who  are  citizens  of 
Arkansas,  and  are  looking  to  this  fund  for  payment,  and  are 
now  onl}'  waiting  drafts  upon  it. 

And  if  the  convention  should  take  jurisdiction  over  and  pos- 
session of  it,  it  would  prevent  the  securities  from  making  set- 
tlement in  reference  to  it;  and  lay  the  securities  liable,  and 
without,  as  we  again  repeat,  the  slightest  reason  or  necessity 
for  it. 

Wc  therefore  pray  your  honorable  body  to  take  no  action 
whatever  in  reference  to  this  balance,  assuring  you  tnat  it  will 
be  held  and  properly  appropriated  as  above  indicated,  and  in 
duty  bound  we  will  ever  pray,  etc. 

S.   H.  TUCKER, 
P.  HANGER, 
C.  P.  BERTRAND, 
'       S.  II.  HEMPSTEAD. 

Little  Rock,  23^^  May,  1861. 

Which  memorials  were  read,  and  on  motion,  referred  to  the 
committee  on  judiciai-y. 

]Mr.  Lanier  presentcda  petition  from  the  officers  of  the  1st 
regiment  of  Arkansas  volunteers,  asking  the  appointment  of 


318  JOURNAL    OF 


Col.  J.  J.  Gaines,  to  the  office  of  major  of  the  battalion  of  artil- 
lery. 

Which  was  read,  and  referred  to  the  committee  on  military 
affairs. 

'^  Mr.  Smoote,  from  the  eommittee  on  ways  and  means,  made 
the  following 

REPORT: 

Mr.  President — 

The  committee  on  wayvS  and  means,  to  whom  was  refer- 
red a  resolution  requiring  it  to  report  a  plan  of  finance  for  the 
State  of  Arkansas,  have  had  the  same  under  consideration, 
and  in  reference  thereto,  beg  leave  to  report  the  accompanying 
ordinance  to  the  convention. 

All  of  which  is  respectfully  submitted, 

STALUNGS,   Chairman. 

Which  was  received,   and  100  copies  of  the  accompanying 
ordinance  No.  55^,  were  ordered  to  be  printed. 

An  Ordinance  to  provide  revenue  fur  the  State  of  Arkansas. 

Section  1.  Be  it  ordained  by  the  pcoj^Ie  of  the  State  of  Arkan- 
sas in  convention  assembled,  That  all  moneys  in  the  state  trea- 
sury which  have  been  received  from  the  sale  of  seminary,  saline, 
internal  improvement  and  swamp  lands,  and  all  other  public 
lands  within  the  state,  and  all  moneys  now  in  the  hands  of  the 
various  land  officers,  and  in  the  various  land  offices  throughout 
the  state,  arising  from  the  sale  of  the  lands  above  mentioned, 
and  all  moneys  which  may  hereafter  arise  from  the  sale  of  the 
same,  are  hereby  consolidated,  and  appropriated  as  a  part  of 
the  revenue  of  the  state  to  be  used  for  military  or  other  state 
purposes;  and  all  further  contracts,  for  the  reclaiming  of  swamp 
lands,  by  the  state  out  of  the  swamp  land  fund  or  otherwise, 
are  hereby  forbidden;  and  all  further  distribution  to  the  coun- 
ties of  the  moneys  arising  from  the  sale  of  the  seminary,  saline 
and  internal  improvement  lands,  is  hereby  forbidden;  Provided, 
That  all  contracts  made  by  the  state  for  the  reclamation  of 
of  swamp  lands  previous  to  the  1st  day  of  May,  A.  D.  1861, 
may  be  discharged  out  of  the  swamp  land  fund  in  the  manner 
and  under  the  terms  provided  for  by  exxisting  laws;  And  pro- 
vided further,  That  the  dividend  due  to  counties  from  the  semi- 
nary, saline  and  internal  improvement  funds  on  the  first  day 
of  January,  A.  D.  18G1,  may  be  paid  as  heretofore. 

Sec.  2.  An   annual  state   tax,  for  the  year   1862,  shall  be 
levied  on   all  the  objects  of  taxation  enumerated  in  sections 


THE    CONYEXTIOX.  319 

one  and  two  of  Gould's  Digest,  amounting  to  one-third  of  one 
per  cent,  on  the  assessed  value  thereof  for  the  said  year,  and  a 
supplemental  tax  of  one-sixth  of  one  per  cent,  shall  be  levied 
as  a  state  tax  on  all  such  objects  of  taxation  for  the  year  ISGl. 

Sec.  3.  There  shall  be  immediately  issued  by  the  treasurer 
of  the  state,  bonds,  to  be  denominated  Arkansas  war  bonds,  to 
the  amount  of  one  million  of  dollars,  for  sums  of  one  hundred, 
two  hundred,  three  hundred,  four  hundred  and  live  hundred 
dollars  each,  properly  lettered,  numbered  and  registered,  by 
each  of  which  bonds  the  state  shall  promise  to  pay  the  sum 
therein  specified  to  the  bearer,  at  the  expiration  of  five  years 
irom  the  first  day  of  July,  A.  D:  1801.  with  interest  at  the  rate 
of  eight  per  cent,  per  annum,  from  the  date  thereof,  with 
coupons  attached  for  the  payment  of  said  interest.  The  trea- 
surer shall  keep  a  well  bound  book,  in  which  he  shall  regi%;r 
each  sale  of  said  bonds,  the  amount  and  date  of  each  bond 
sold,  and  the  name  of  the  purchaser.  When  the  said  bonds 
are  ready  for  issue,  the  treasurer  shall  present  the  same  to  the 
auditor,  who  shall  countersign  the  same,  keep  a  record  thereof, 
re 'urn  them  to  the  treasurer,  and  charge  him  with  the  amount, 
on  the  books  of  the  auditor's  oflice. 

Sec.  4.  The  sum  of  eighty  thousand  dollars  annually,  or  so 
much  thereof  as  may  be  necessary  to  pay  the  interest  on  bonds 
actually  sold,  out  of  the  revenue  of  the  state,  is  hereby  appro- 
priated for  the  payment  of  the  interest  on  the  bonds,  to  be 
issued  as  hereinbefore  provided  for;  which  interest  shall  be 
due  and  payable  on  each  of  said  bonds  at  the  expiration  of 
every  six  months  after  the  date  thereof,  and  the  coupons  here- 
inbefore mentjoned,  shall  be  so  arranged  and  printed  as  to  con- 
form to  the  provisions  of  this  section  for  the  payment  of  said 
interest;  and  the  ti-easurer  shall,  upon  the  payment  of  the 
revenue  each  year  into  the  state  treasury,  set  apart  and  retain 
a  sullicieiit  sum  oui  of  s^ich  revenue,  to  be  devoted  and  appro- 
priated soleHy  to  the  payment  of  the  interest  on  such  of  said 
bonds  as  may  have  been  negotiated;  which  interest  shall  be 
made  payable  at  the  state  treasury. 

Sec.  5.  The  bonds  hereinbefore  provided  for,  shall  be  oflered 
for  sale  by  the  treasurer,  and  he  shall  publish  proposals  for  the 
sale  of  said  bonds,  to  be  made  at  his  ofiice,  and  at  such  other 
places  as  he  may  designate  in  said  proposals:  and  all  funds 
arising  from  the  sale  of  said  bonds  shall  constitute  a  part  of 
the  revenue  of  the  state  for  military  and  other  state  purposes. 

Sec.  6.  The  faith  of  the  State  of  Arkansas  and  all  the  public 
lands  thereof,  are  hereby  pledged  for  the  payment  and  redemp- 
tion of  said  bonds. 

Sec.  7.  When  there  is  notsufTicicnt  par  funds  in  the  treasury 
to  pay  any  warrant  drawn  by  the  auditor,  (without  disturbing 
the  amount  set  apart  to  discharge  the  interest  on  the  said  war 


320  JOURNAL    OF 


bonds,)  it  shall  be  the  duty  of  the  treasurer  to  issue  to  the 
holder  of  such  warrant  a  treasury  warrant  for  the  amount  due, 
bearing  interest  at  the  rate  of  eight  per  cent,  per  annum  from 
the  date  of  tlie  same,  anl  payable  to  the  person  entitled  to  such 
warrant  or  to  bearer. 

Sec.  8.  The  treasurer  shall  keep  a  registry  in  a  well  bound 
book,  of  all  warrants  issued  by  him,  and  issue  then  in  such 
form,  and  with  such  devices,  as  may  be  best  calculated  to  pre- 
vent frauds  upon  the  treasury,  which  warrants  shall  be  da.ed 
and  numbered,  and  paid  according  to  their  date  and  number. 
No  warrant  of  a  later  date  shall  be  paid,  until  all  of  a  prior 
date  and  number  shall  have  been  first  paid,  unless  when  there 
may  be  funds  enough  in  the  treasury  to  pay  all  of  a  prior  date 
and  number,  and  when  such  may  be  the  case,  it  shall  be  the 
dv0  of  the  treasurer,  especially  to  set  apart  a  sufficient  fund 
to  pay  all  warrants  of  a  prior  date  and  number,  which  are 
unpresented,  and  apply  the  residue  of  the  funds  on  hand  to  the 
payment  of  those  presented  in  their  regular  order  of  date  and 
number;  Frooidcd,  however,  That  such  warrants  shall  at  all 
times  be  receivable  from  collectors  and  receivers  of  state  reve- 
nue, without  regard  to  date  or  number. 

Sec.  9.  No  sum  due  from  the  state,  except  interest  upon  tlie 
bonds  authorized  by  this  onlinance,  shall  be  paid  from  the  trea- 
sury, in  par  funds,  whilst  there  are  any  outstanding  and  unpaid 
treasury  warrants  or  scrip,  unless  Vt'hen  there  may  be  funds 
enough  in  the  treasury  to  pay  all  outstanding  warrants,  which 
shall  be  set  apart  for  that  purpose,  and  the  residue  on  hand 
applied  to  the  payment  of  such  dues. 

Sec.  10.  The  bonds  so  authorized  to  be  issued,  with  coupons 
attached  to  the  same,  and  treasury  warrants  with  interest  due 
thereon,  shall  be  receivable  at  par  in  payment  of  debts  due  to 
the  Bank  and  Real  Estate  Bank  of  the  State  os  Arkansas,  in 
payments  for  any  debt  due  to  the  state,  either  in  her  own  right 
or  as  a  trustee,  in  payment  for  the  purchase  of  any  lands 
belonging  to  the  state,  and  in  payment  of  state  revenue. 

Sec.  11.  Every  collector  of  revenue  and  other  agent  for  the 
securing  of  moneys  for  the  state  shall  pay  into  the  state  trea- 
sury the  precise  funds  which  he  shall  receive  or  collect,  whether 
it  be  in  treasury  warrants,  bonds,  coupons,  or  coin;  and  every 
such  collector  and  agent,  and  every  bank  officer  shall  indorse 
on  each  treasury  warrant,  bond  and  coupon  which  he  shall 
receive,  in  accordance  with  this  ordinance,  the  name  of  the 
person  from  whom  he  received  the  same,  and  the  date  upon 
which  he  received  it;  from  the  date  of  which  indorsement  such 
bond  or  treasury  warrant,  (as  the  case  may  be,)  shall  cease  to 
bear  interest;  and  every  such  agent,  collector  or  bank  officer 
who  shall  purcha?e,  either  directly  or  indirectly,  any  of  such 
bonds,  warrants  or  coupons,  with  any  money,  coin   or  other 


THE    CONVENTION.  321 


fmids  received  by  him  for  the  state,  or  either  of  said  banks, 
shall  be  deemed  guilty  of  a  hiffh  misdemeanor,  for  each  pur- 
chasb  so  made,  and  upon  conviction  thereof,  shall  be  fined  in 
any  sum  not  less  than  one  thousand  dollars;  and  every  such 
collector,  a^^^ent  or  bank  oflicer,  who  shall  fail  to  indorse  the 
date  of  receiving,  and  the  name  of  the  person  from  whom  he 
received  any  such  bond,  warrant  or  coupon  as  hereinbefore 
provided,  shall  for  each  such  failure  be  deemed  guilty  of  a  high 
misdemeanor,  and  on  conviction  thereof,  shall  be  fined  in  any 
sum  not  less  than  fifty  dollars. 

Sec.  12.  It  shall  be  the  duty  of  the  treasurer  immediately  to 
cancel  all  bonds,  coupons  and  warrants  which  may  be  paid 
into  the  treasury  by  collectors  and  receivers  of  state  funds,  or 
which  may  be  redeemed  by  him  in  coin;  and  no  bond,  coupon 
or  warrant  shall  be  reissued  by  the  treasurer. 

Sec.  13.  All  the  laws  of  the  State  of  x\rkansas  relating  to 
the  counterfeiting  and  uttering  counterfeit  bank  notes,  and  to 
falsel}^  issuing  bonds  and  warrants  of  the  state,  shall  apply  to 
the  counterfeiting  and  uttering  counterfeits  of  such  bonds,  cou- 
pons and  warrants. 

Sec.  14.  The  sum  of dollars  out  of  any  moneys  in  the 

treasury,  not  otherwise  appi-opriated,  are  hereby  appropriated 
to  pay  the  expense  of  preparing  and  printing  said  bonds,  cou- 
pons and  treasury  warrants. 

Sec.  15.  As  said  bonds  hereinbefore  provided  for  shall  return 
into  the  ti-easur}',  others  due  at  the  same  time,  for  the  same 
amounts,  and  bearing  the  same  interest  as  those  returned,  may 
be  issued  in  their  places,  until  the  expiration  of  three  years 
from  the  passage  of  this  ordinance;  after  which  time  thej''  shall 
be  redeemable  at  the  pleasure  of  the  state,  and  shall  cease  to 
bear  interest  alter  they  are  called  in  by  the  treasurer  for 
redemption. 

Mr.  Stilhvell,  on  leave,  introduced  the  following 

ORDINANCE  No.  5G. 

An  Ordinance  to  suspend  tlic  operation  of  an  act  of  tlic  General 
Asscinblij,  entitled  "  an  act  amendatory  of  the  viiUlia  laios  of 
the  State  of  Arkan^as,'^  approved  the  '2\st  of  Jannanj^  18(31. 

Section  1.  Be  it  ordained  hi/  the  people  of  the  Slate  of  Arkan- 
sas in  convention  assembled,  That  the  act  of  the  General  Assem- 
bly of  said  state,  approved  on  the  twenty-first  day  of  January, 
A.  D.  1801,  entitled  "  an  act  amendatory  of  the  militia  laws 
of  the  State  of  Arkanscs,"  be,  and  the  same  is  hereby  sus- 
pended until  the  further  order  of  this  convention,  or  ol  the 
General  Assembly  of  the  state. 

Sec.  2.  Be   it  further   ordained,  That  the  auditor  of  public 

21 


322  JOURNAL    OF 


accounts  be,  and  he  is  hereby  prohibited  from  drawing  warrants 
on  the  treasurer  under  the  provisions  of  said  act  while  the 
same  is  suspended  as  provided  in  the  first  section  of  this  ordi- 
nance. 

Sec.  3.  Be  it  further  ordained,  That  this  ordinance  be  in 
force  from  and  after  its  adoption. 

At  10  o'clock  a.  m.,  Hons.  E.  H.  English  and  H.  F.  Fairchild, 
judges  of  the  supreme  court,  together  with  the  Hon.  John  I. 
Stirman,  secretary  of  state,  appeared  within  the  bar  and  took 
the  oath  prescribed  by  ordinance  No.  35. 

On  motion  of  Mr.  Totten  of  Prairie,  Mr.  Echols,  late  dele- 
gate from  Calhoun  county,  was  invited  to  a  seat  upon  the  floor 
of  the  convention. 

Mr.  President  stated  the  question  to  be  upon  the  adoption  of 
the  ordinance  introduced  by  Mr.  Stillwell. 

Mr.  Mayo  moved  to  lay  it  on  the  table;  w^hich  motion  was 
lost. 

Mr.  Mayo  moved  to  refer  the  ordinance  to  the  committee  on 
military  affairs;  which  motion  was  also  lost,  and  the  ordinance, 
on  motion  of  Mr.  Floyd,  Avas  adopted. 

Mr.  Patterson  of  Jackson,  introduced  the  following 

ORDINANCE  No.  57. 

As  Ordinaxce  fixing  the  military  rank  of  the  military  board 
created  by  this  convention  by  ordinance  adopted  the  15th  day  of 
May,  A.  D.   1861. 

Be  it  and  it  is  hereby  ordained  hy  the  people  of  the  State  of 
Arkansas  171  convention  assembled.  That  the  military  board 
heretofore  created  by  an  ordinance  of  this  convention,  shall 
out  rank  and  be  in  authority,  above  any  and  all  military  officers 
holding  commission  under  the  autliority  of  the  State  of  Arkan- 
sas, and  that  this  ordinance  shall  take  efiect  and  be  in  force 
from  and  after  its  adoption. 

Which  was  adopted. 

Mr.  President  submitted  the  following  communication: 

THE  STATE  OF  ARKANSAS,  \ 

Executive  Department,  > 

Little  Rock,  May  23d,  18G1.) 

Sir:  I  am  too  unwell  to  leave  my  room  to-day,  and  in  con- 
sequence cannot  appear  before  the  convention  to-day,  in 
accordance  with  the  requirements  of  the  ordinance  prescribing 
the  oath  to  be  taken  by  officers  in  the  service  of  the  state. 


I 


THE    CONVENTION.  323 

I  would  respectfully  suggest  to  the  honorable    body    over 
which  you  preside,  that  a  committee  be  appointed  to  wait  upon 
me  at  my  residence,  with  power  to   perform  everything  neces- 
sary to  be  done  under  the  oreinance. 
I  have  the  honor  to  be 

Very  respectfully, 

Your  obedient  servant, 

II.  M.  RECTOR. 
Hon.  DAVfD  Walkf.r, 

President  of  the  State  Convention, 

Little  Rock,  Arkansas. 

Which  was  read,  and  Mr.  Grace  introduced  the  following 

ORDINANCE  No.  58. 

Be  it  ordained  by  the  peop/e  of  the  State  of  Arkansas  in 
convention  assembled,  That  the  ordinance  passed  by  this  con- 
vention on  day  before  yesterday,  requiring  the  governor  and 
certain  other  officers  therein  mentioned,  to  appear  before  this 
convention  by  tlie  hour  of  11  o'clock  of  this  day,  and  take  the 
oath  prescribed  by  this  convention,  be,  and  the  same  is,  hereby 
repealed,  so  far  as  it  relates  to  the  governor;  and, 

Beit  further  ordained,  That  a  committee  of  three  be  ap- 
pointed, consisting  of  the  president  and  two  other  members  of 
this  convention,  to  wait  on  the  governor  at  his  residence  in  the 
city  of  Little  Rock,  forthwith,  and  administer  to  Henry  M.  Rec- 
tor, governor  of  the  State  of  Arkansas,  said  oath. 

Which  was  adopted. 

At  half  past  10  o'clock,  a.  m.,  Capt.  C.  C.  Danley  and  Hon. 
B.  C.  Totten,  took  the  oath  in  open  convention,  as  required  by 
ordinance  No.  35. 

Mr.  President  appointed  Messrs.  Totten  of  Arkansas  and 
Hobson  a  committee  to  accompany  him  to  the  residence  of 
Gov.  Rector,  lor  the  purpose  of  administering  to  him  the  re- 
quired oath. 

On  motion  of  Mr.  Ilanly,  the  convention  took  a  recess  for 
the  space  of  half  an  hour. 

At  the  expiration  of  which  time,  the  convention  was  called 
to  order,  and  Mr.  Totten  of  Arkansas  made  the  following 

REPORT: 

Mr.  President — 

In  obedience  to  the  order  of  the  convention,  the  com- 


324  JOURNAL    OF 


mittee  appointed  for  the  purpose,  repaired  to  the  residence  of 
Henry  M.  Rector,  gov^i-rior  of  the  State  of  Arkansas,  for  the 
purpose  of  administering  to  him  the  oath  prescribed  by 
an  ordinance,  entitled  "  an  ordinance  prescribing  an  oath  to 
be  taken  by  all  military  and  civil  officers  in  the  service  of  this 
state  and  for  other  purposes;''  and  then  and  there  the  oath 
prescribed  in  said  ordinance,  was  administered  to  the  said 
Henry  M.  Rector,  governor  as  aforesaid,  in  due  form  of  law, 
by  the  Hon.  David  Walker,  President  of  the  Convention  of  the 
State  of  Arkansas. 

The  committee  take  pleasure  in  stating  that  the  governor 
promptly  and  cheerfully  complied  with  the  ordinance  of  this 
convention. 

All  of  which  is  respectfully  submitted. 

TOTTEN,    Chairman. 


Which  was  read  and  received. 
Mr.  Gould  introduced 

ORDINANCE  No.  59. 

An  Ordinance  to  enable  the  military  hoard  to  call  in  all  the  arms 
belonging  to  the  state  not  now  in  the  hands  of  enlisted  soldiers. 

It  is  hereby  ordained  by  the  people  of  the  State  of  Arkansas,  in 
convention  assembled ,  That  the  military  board  are  hereby  autho- 
rized and  empowered  to  cause  to  be  returned  to  the  arsenal  et 
Little  Rock,  or  to  be  deposited  at  any  point  they  may  direct, 
all  or  any  of  the  arms  which  have  been  distributed  by  virtue 
of  an  act  of  the  General  Assembly  approved  January  21,  1861, 
and  all  other  arms  distributed  by  the  governor,  whenever  in 
the  opinion  of  said  board  the  public  interest  requires  the  same 
to  be  done.  And  for  this  purpose,  they  shall  have  the  right  to 
pass  all  laws  and  orders  to  cause  their  commands  to  be  exe- 
cuted and  obeyed. 

Which  was  read. 

Mr.  Totten  moved  its  reference  to  the  committee  on  mili- 
tary affairs. 

Mr.  Cypert  moved  to  amend  by  instructing  such  committee 
to  report  to-morrow. 

Which  was  accepted,  and  the  motion  prevailed. 

Mr.  Adams  of  Phillips  offered  the  following 

RESOLUTION: 

Resolved,  That  a  committee  of  three  be  appointed  by  the 


THE    COXVEXTIOX.  325 

president  to  select  and  report  for  the  action  of  the  convention 
a  suitable  device  for  a  flag;  and  also  for  a  coat-of-armd  for  this 
state. 

Which  was  adopted. 

i\Ir.  President  laid  before  the  convention  the  following 

DISPATCH : 

Helena  May  23,  18G1. 
President  and  Members  of 

Arkansas  Convention: 

P)y  authority  of  President  Davis,  I  am  raising  a  regiment  of 
infantry  for  during  the  war,  intended,  I  think,  for  frontier  ser- 
vice—  Helena  is  the  rendezvous — two  large  companies  in  camp, 
others  coming.  Confederate  States  will  lurnish  subsistence 
after  regiment  is  mustered  in — not  before.  Cannot  furnish 
arms;  will  you  not  telegraph  Gen.  Bradley,  to  furnish  me  ten 
days  rations,  and  muskets  enough  for  regiment;  he  has  over 
1,200  surplus  muskets.  ]Men  need  clothing — will  you  advance 
!?10,000,  on  same  terms,  as  to  first  regiment?  I  intreat  you  to 
afford  the  aid  requested.  Give  us  a  chance  to  fight  for  our 
country.     Please  act  and  answer  to-day. 

T.  C.  HINDMAN. 

Which  was  read,  and  referred  to  the  military  board. 

Special  order  No.  15,  entitled  "  an  ordinance  to  prevent  giv- 
ing aid  and  comfort  to  the  enemy,"  was  taken  up  and  read. 

JMr.  Totten  of  Prairie,  moved  to  recommit,  with  instructions 
to  provide  for  the  appropriation  of  the  indebtedness  of  the 
citizens  of  this  State  to  citizens,  on  importations,  in  the  non- 
slaveholding  states  in  such  manner  as  not  to  impair  the  right 
of  Arkansas  or  other  agents,  interested  in  such  claims,  and  in 
such  manner  as  to  make  the  collection  gradual  and  as  little 
burdensome  to  the  debtor  as  may  be. 

Mr.  Cypert  moved  to  amend  by  including  only  from  the  2nd 
to  the  IGth  section,  inclusive. 

Which  was  accepted. 

Mr.  Fishback  moved  to  lay  the  motion  on  the  table;  pending 
the  discussion  of  which. 

On  motion   of  Mr.  Smoote,  the  convention  adjourned   until 

to-morrow  morning  0  o'clock. 

DAVID   WALKEPt, 

President. 


,^26  JOURNAL    OF 


Friday,  Mai/ 24:th,  1861. 
Convention  met. 
Roll  called. 

present: 

Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin,  Baber, 
Batson,  Bolinger,  Bush,  Bussey,  Campbell,  Carrigan,  Cling- 
man,  Crenshaw,  Cryer,  Cypert,  Cochran,  Desha,  Dinsmore, 
Dodson,  Fishback,  Flanagin,  Floyd,  Fort,  Fuller,  Gould,  Grace, 
Griffith,  Hanly,  Hawkins  of  Ashley,  Hawkins  of  Sevier,  Hill, 
Hill,  Hobbs,  Hobson,  Jester,  Johnson,  Kelley,  Kennard,  Mayo, 
Murphy,  Parks,  Patterson  of  Jackson,  Patterson  of  Van  Buren, 
Ray,  Rhodes,  Robinson,  Siemens,  Smith,  Smoote,  Spivey,  Siall- 
ings,  Stillwell,  Stirman,  Stout,  Tatum,  Totten  of  Arkansas, 
Totten  of  Prairie,  Turner,  Walker,  Wallace,  Yell  and  Mr.  Pre- 
sident— 59. 

Mr.  Flanagin  asked  and  obtained  leave  of  absence  for  Mr. 
Fuller,  on  account  of  sickness. 

Mr.  Mnrphy  asked  and  obtained  leave  of  absence  for  Messrs. 
JMansfield  and  Gunter,  on  account  of  sickness  in  their  respec- 
tive families. 

Mr.  Floyd,  from  the  committee  on  landed  interest,  made  the 
following. 

REPORT: 

Mr.  President — 

The  committee  on  the  landed  interest  of  the  State  of 
Arkansas,  having  fully  considered  of  the  importance  of  the  new 
relations  of  things  that  is  now  to  be  inaugurated  within  the 
state,  from  the  fact,  that  the  State  of  Arkansas,  in  her  sover- 
eign capacity,  having  fully  invested  herself  with  the  full  pos- 
session and  ownership  of  all  the  vacant  and  unsold  lands  within 
the  limits  of  the  state,  that  was  formerly  held  and  owned  by 
the  government  of  the  United  States. 

Owing  to  the  fact  that  there  are  so  many  seemingly  necessary 
changes  to  made  in  our  new  relations,  that  we  have  lately  as- 
sumed, the  committee  are  of  opinion,  and  are  fully  convinced, 
that  the  fewer  changes  of  the  old  order  of  things  that  has  so 
long  existed,  would  be  the  better  policy  at  the  present  time, 
leaving  all  that  can  be  to  the  future  action  of  the  Legislature, 
for  their  mature  deliberation. 


THE    CONVENTION.  327 

As  we  are  fully  convinced  that  this  course  will  go  a  long 
ways  to  quiet  and  settle  in  the  minds  of  the  people  much  of  the 
excitement  now  existing  in  the  troublesome  times  we  are  now 
unfortunately  thrust — yet,  under  all  the  circumstances,  we  have 
come  to  the  concluiSion  that  it  would  be  proper  and  prudent  to 
report  and  ask  the  adoption  of  the  accompanying  ordinance  in 
order  that  the  lands  may  be  sold  so  that  the  proceeds  arising 
from  the  sale  of  said  lands  can  be  applied  to  our  defence,  as 
every  dollar  is  now  greatly  needed  for  war  purposes. 

All  of  which  is  most  respectfully  submitted. 

WM.  W.  FLOYD,   Chairman. 

Which  was  read  and  received. 
The  following 

ORDINANCE  NO.  60,  * 

Recommended  by  said  committee,  was  then  read. 

An  Ordinance  to  he  tntithd  an  ordinance,  to  regulate  for  the  time 
being  the  sales  of  public  lands  icithin  this  state. 

Be  it  ordained  by  the  people,  of  the  State  of  Arkansas  in  sove- 
reign convention  assembled,  That  all  the  land  ofHces  within  this 
state  that  have  been  conducted  under  the  laws  and  regulations 
of  the  federal  government  of  the  United  States  be,  and  the 
same  are,  hereby  continued  and  to  be  conducted  under  the  con- 
trol ^nd  authorities  of  the  State  of  Arkansas,  and  that  the 
registers  and  receivers  of  the  several  land  offices  shall  be  fully 
authorized  to  continue  to  perform  their  several  respective  duties 
as  such  under  the  same  laws,  rules  and  regulations  as  they 
have  been  heretofore  governed.  And  that  within  sixty  days 
from  the  adoption  of  this  ordinance  that  each  register  and 
receiver  of  public  moneys  shall  file  with  the  governor  of  this 
^state  their  bonds,  with  good  and  sufficient  securities,  to  be  ap- 
proved of  by  the  governor,  for  the  faithful  performance  of  their 
resjicctive  duties  to  the  State  of  Arkansas.  The  register  in 
the  sum  of  ten  thousand  dollars,  and  the  receiver  in  the  sum  of 
tiity  thousand  dollars,  and  at  the  same  time  shall  take  the  oath 
of  ofiice  that  has  been  prescribed  b\^  this  convention. 

Be  it  further  ordained,  That  said  register  and  receiver  of 
public  moneys  shall  hereafter  make  their  reports  to  the  auditor 
of  public  accounts  in  the  same  way,  at  the  same  time,  and  the 
same  manner  that  they  were  heretofore  required  to  do  and 
perform  to  the  authorities  at  the  city  of  Washington,  and  the 
receiver  of  public  moneys  shall  make  his  payments  to  the  state 
treasurer,  and  take  from  him  duplicate  receipts  and  file  one 
with  the   auditor.     And  the   auditor  of  public  accounts  shall 


328  JOURNAL    OF 


keep  all  his  transactions  with  the  registers  and  receivers  in  a 
separate  set  of  books  kept  by  him  for  that  purpose.  An.d  the 
registers  and  receivers  shall  receive  the  same  salaries  and  com- 
missions that  they  now  receive,  to  be  paid  quarterly  out  of  the 
state  treasury,  and  out  of  the  particular  land  funds  received 
from  the  sales  of  public  lands  and  enough  money  arising  from 
the  sales  of  public  lands,  be  and  the  same  is  hereby  appro- 
priated to  pay  the  same. 

Be  it  further  ordained,  That  all  the  military  land  warrants 
that  have  been  located  at  any  of  the  land  offices  within  this 
state  since  the  Gth  day  of  May,  A.  D.  1801,  by  any  register  of 
the  land  office,  is  hereby  declared  void,  and  that  no  land  war- 
rant shall  hereafter  be  located  on  any  of  the  lands  within  this 
state,  except  such  land  Vv^arrants  as  were  issued  to  Arkansas 
soldiers  or  volunteers — their  widows  or  children,  or  to  any  sol- 
diers oj  the  wars  of  the  United  States,  their  widows  or  children 
who  are  residents  of  the  State  of  Arkansas. 

Be  it  furilier  ordained,  That  all  lauds  that  have  been  reserved 
by  the  United  States  in  any  and  all  railroad  surveys  within  this 
state,  shall  hereafter  be  sold  by  the  register  of  the  several  land 
offices  at  one  dollar  and  twenty-five  cents  per  acre;  and  that 
the  tract  of  unsurveyed  lands  known  as  the  Cherokee  reserve, 
at  the  mouth  of  the  Illinois  Bayou,  in  Pope  county,  on  the 
Arkansas  river,  be  surveyed  and  subdivided  under  and  by  the 
directions  of  the  auditor  of  public  accounts,  who  shall  make 
the  proper  plats  and  furnish  the  register  of  the  land  office  of 
the  Clarksville  land  district,  with  a  copy  of  the  same;  and  the 
register  aforesaid  shall  advertise  the  said  land  for  sale,  to  take 
place  on  the  first  Monday  of  January,  A.  D.  186?,  in  some 
newspapers  published  in  the  city  of  Little  Rock,  at  least  sixty 
days  before  the  day  of  sale,  and  the  same  shall  be  sold  for  cash 
in  hand  in  lots  or  subdivisions,  not  exceeding  eighty  acres,  with 
fractions  more  or  less,  and  all  of  said  lands  that  remain  unsold 
shall  be  subject  to  private  enlvy  or  sale  at  one  dollar  and  twen- 
ty-five cents  per  acre,  after  the  day  of  sale,  and  a  sufficient 
amount  of  money  is  hereby  appropriated  out  of  the  state 
rteasury  to  pay  the  expense  of  making  surveys  and  maps  and 
plats. 

Bt  it  ordained,  That  all  the  swamp  lands  that  have  been 
located  and  reported  as  such  to  the  proper  authorities  of  this 
state,  and  which  have  not  been  confirmed  by  the  commissioner 
of  the  general  land  office,  and  the  authorities  at  the  city"  of 
Washington,  be,  and  the  same  is  hereby  deemed  to  be  fully 
confirmed,  and  have  the  same  effect  by  the  confirmation  as 
though  the  same  was  patented  to  the  State  of  Arkansas;  except 
all  those  tracts  or  parcels  of  land  that  have  been  sold  by  the 
several  land  offices  of  the  United  States  before  any  of  said 
lands  were  located  as  swamp  land,  to  any  party  or  parties 


THE    COXYEXTIOX.  3'20 


Avhatever,  who  shall  be  entitled  to  their  patent  deeds  for  the 
?ame.  And  all  the  swamp  lands  that  have  herein  been  con- 
firmed shall  be  certified  by  proper  lists  and  maps  and  plats  to 
the  several  swamp  land  offices,  under  the  direction  of  the  audi- 
tor of  the  state.  And  the  swamp  land  agents  shall,  in  all 
things,  be  governed  by  existing  laws,  in  advertising  and  making 
sales  of  said  lands,  at  all  times  guarding  the  rights  of  pre-emp- 
tors  on  said  lands,  and  in  order  to  enable  the  auditor  to  prepare 
the  lists  as  aforesaid  of  all  the  swamp  lands  hereby  confirmed, 
that  the  swamp  land  secretary  is  hereby  required  to  turn  over 
to  the  auditor  of  the  state,  all  the  reports  of  lists  of  swanip 
lands  that  have  been  reported  to  him  by  the  locators  in  the 
several  counties,  to  be  used  by  the  auditor  in  i)reparing  the 
necessary  and  proper  lists,  and  after  lie  has  fully  prepared  all 
the  lists  necessary,  he  shall  restore  the  same  to  the  swamp  land 
secretary. 

Be  it  furlhcr  ordained,  That  all  persons  whatever,  who  have 
bought  or  entered  any  lands  at  any  of  the  land  ollices  of  the 
United  States,  and  have  paid  for  the  same  at  the  graduated  or 
any  other  price,  for  actual  settlement  or  otherwise,  shall  luive 
their  patents  delivered  to  them  by  the  registers  of  the  land 
cfiices  upon  the  surrender  of  the  certificates  of  purchase,  if 
said  patents  shall  be  in  their  office,  and  all  patents  now  remain- 
ing in  the  ragister's  offices  shall  there  so  remain  until  disposed 
ot  hereafter  by  the  legislature. 

Be  it.  furlhcr  ordniiicd,  Tliat  the  auditor  shall  appoint  some 
suitable  and  discreet  person  if  he  thinks  the  pul)lic  interest 
shall  demand  it,  to  examine  the  books  and  accounts  rendered 
by  all  the  land  offices  within  this  state,  to  see  if  everything  has 
been  properly  accounted  for,  and  make  report  to  him,  and  pay 
him  a  reasonable  compensation  therefor  out  of  the  funds  aris- 
ing from  the  sale  of  lands. 

Beit  further  ordained,  That  each  register  and  receiver  shall 
be  required  to  file  with  the  auditor  of  public  accounts,  a  full 
schedule,  under  oath,  of  all  the  public  property  heretofore  be- 
longing to  the  federal  government  now  in  their  hands,  as  such 
register  and  receiver,  and  at  the  same  time  execute  a  receipt 
therefor  to  the  State  of  Arkansas.  And  should  any  register  or 
receiver  fail  or  refuse  to  comply  with  the  requirements  of  this 
ordinance,  or  should  die  or  resign,  then,  in  that  case,  the  gov- 
ernor of  this  state  shall  appoint  some  proper  and  suitable  per- 
son to  fill  such  vacancy.  And  the  said  register  and  receiver 
shall  be  required  to  take  the  proper  oath  and  give  the  required 
bond  for  the  faithful  performance  of  duty — which  appointment 
shall  continue  till  the  last  day  the  next  regular  biennial  session 
of  the  legislature. 

Be  it  further  ordained.  That  the  auditor  of  pul)lic  accounts 
be,  and  he  is  hereby  made  the  custodian  of  the  books,  maps, 


330  JOURXAL    OF 


plats,  furniture,  and  all  papers  of  all  description,  and  all  pro- 
perty pertaining  to  the  surveyor  general's  office  of  this  state, 
and  that  the  same  shall  be  turned  over  to  him:  and  that  the 
secretary  of  state  be,  and  he  is  hereby  required  to  furnish  a 
suitable  rootn  for  the  safe  keeping  of  the  same.  That  the  offi- 
cer or  person,  or  persons,  or  officers  having  any  such  papers, 
plats,  maps,  books,  or  other  matters  in  their  possessions,  shall 
deliver  the  same  to  the  order  of  the  auditor,  who  shall  sign  a  pro- 
perly prepared  receipt  f-^r  the  same.  And  the  said  auditor  is 
hereby  directed  and  required  to  furnish  the  governor  or  military 
boa^rd  copies  of  any  records,  maps  or  plats,  and  information 
therein  contained,  promptly  and  without  charge,  to  the  end  that 
any  maps  needed  or  required  to  carry  out  any  military  opera- 
tion, may  be  speedily  placed  in  their  hands,  or  the  hands  of  any 
officer  or  board  of  officers  requiring  the  same.  And  said  offi- 
cers, if  occasion  shall  require,  may  employ  a  good  draughtsman 
to  make  such  maps,  or  other  copies  of  plats  or  paoers  for  other 
persons  or  parties,  for  the  same  fees  as  are,  or  was,  allowed  b}' 
law  to  the  officers  heretofore  in  charge  of  said  records  or 
archives. 

Be  it  farther  ordained,  That  the  convention,  on  the  adoption 
of  this  ordinance,  elect  one  register  of  the  land  office  at  Clarks- 
ville. 

Be  it  furtlter  ordained.  That  the  receivers  of  public  moneys, 
or  the  securities  of  any  receivers  of  public  moneys,  are  hereby 
ordered  and  directed  to  pay  into  the  state  treasury  all  moneys 
now  in  their  hands  in  possession,  to  which  the  government  of 
the  United  States  was  heretofore  entitled  to  receive,  and  take 
from  the  state  treasurer  duplicate  receipts  for  the  same,  and 
file  one  of  the  same  with  the  auditor  of  public  nccounts;  and 
if  they  shall  fully  pay  all  of  said  money  in  their  hands,  then 
the  convention  hereby  pledge  the  sovereignty  of  the  State  of 
Arkansas  to  hold  all  of  said  parties  harmless  on  their  bonds  to 
the  United  States. 

Be  it  i'urthcr  ordained,  All  regular  and  valid  entries  of  semi- 
nary, saline,  internal  improvement  or  swamp  lands,  whether 
the  said  swamp  lands  have,  or  not,  been  patented  to  the  state, 
are  hereby  confirmed,  and  the  holder  of  any  original  or  patent 
certificate,  or  his  or  her  assignee,  or  the  party  or  parties  in 
whom  the  legal  title  to  the  land  exists,  may  present  their  certi- 
ficate to  the  auditor  of  public  accounts  of  the  State  of  Arkan- 
sas, who,  if  he  find  t'.iat  the  sale  of  such  land  was  made  in  con- 
formity to  law,  and  has  been  fully  paid  for,  shall  execute  under 
his  hand  and  official  seal,  a  deed  conveying  all  the  right,  title 
and  interest  of  the  state  thereto,  in  the  same  manner  as  deeds 
are  made  to  donees  of  forfeited  lands  by  the  auditor,  except  as 
to  acknowledgment  of  the  same,  and  the  auditor  shall  be  suffi- 
cient verification  of  the  deed  so  made,  and  further,  made  evi- 


THE    CONVENTION.  331 

dence  in  any  court  of  record  of  this  state.  And  lands  sold  by 
the  registers  of  the  land  offices,  for  which  patents  have  not 
issued,  and  all  that  may  be  hereafter  sold  by  them  shall  have 
deeds  issued  lor  in  like  manner.  The  auditor  shall  not  issue 
any  certificate,  but  make  deeds  and  file  the  original  certificate, 
and  keep  an  abstract  of  the  deeds  so  made,  from  which  ab- 
stracts he  may  issue  duplicates;  and  for  services  in  examining, 
filing,  making  deeds  and  recoi-d  of  the  same,  the  auditor  shall 
be  entitled  to  a  fee  of  one  dollar  on  each  deed  so  made,  and 
Irom  the  lees  so  received  for  deeds  on  lands  sold  by  the  regis- 
ters, shall  pay  a  competent  clerk  to  write  or  fill  up  the  same, 
without  charge  to  the  state  for  the  services  of  such  clerk.  And 
that  the  auditor  of  public  accounts,  and  the  treasurer  of  this 
state  be,  and  the}'  are  hereby  fully  authorized  to  appoint  each, 
one  deputy,  which  shall  be  done  in  writing,  and  the  deputy  so 
appointed  shall  tAke  the  oath  now  required  by  lavv,  and  such 
appointment  shall  be  filed  with  the  secretary  of  state;  and  the 
auditor  and  treasurer  shall  be  responsible  on  their  olficial  bonds 
for  all  the  acts  and  conduct  done  and  peformed  by  their  depu- 
ties, respectively',  in  the  performance  of  their  official  duties. 

Be  it  further  ordained,  That  patents  shall  be  issued  to,  and 
in  the  name  of  all  persons  who  may  have  entered  any  of  the 
public  lands  of  the  United  States,  prior  to  the  Gth  day  of  May, 
1S()1,  not  patented  up  to  this  time  by  the  United  States,  in  the 
same  way  in  which  deeds  or  patents  are  authorized  to  be  issued 
upon  swamp  land  entries,  according  to  the  law  now  in  force, 
and  the  presentation  and  surrender  of  the  receipt  of  the  recei- 
ver of  public  moneys  of  the  United  States  shall  be  sufficient  to 
authorize  the  issuance  of  such  deed  or  patent  for  the  lands  in 
such  receipt  set  forth,  for  which  service  the  ofiicers  issuing  the 
same  shall  be  entitled  to  the  same  fee  that  they  are  now  enti- 
tled to  bj'  law  for  issuing  deeds  or  patents  for  sixteenth  section 
entries. 

Be  it  fart/ier  orelaincd,  That  it  shall  notbe  necessary  for  those 
who  may  have  entered  the  lands  oi"  the  United  k^ates  under 
the  acts  of  Congress  graduating  the  price  of  such  lands  to 
make  tne  recjuired  proof  of  habitation  and  cultivation  under 
the  said  acts;  but  all  such  entiics  be,  and  they  are  hereby,  in 
all  things,  ratified  and  confirmed,  without  such  proof  to  be 
patented  in  the  manner  provided  in  the  last  preceding  section. 

Sec.  — .  All  sales  of  swamp  land  heretofore  advertised  by 
any  of  the  swamp  land  agents  in  the  state,  under  the  direction 
of  the  state  authoritit  s,  or  an}'  sales  ordered  to  be  advertised 
hereafter,  are  hereby  suspended,  until  otherwise  directed  by  the 
state  legislature:  and  all  persons  who  have  filed  pre-emptions 
upon  any  of  said  swamp  lands,  shall  not  be  required  to  j)ay  out 
the  same  before  such  day  as  the  public  sale  of  the  swamp  lands 


332  JOURXAL    OF 


in  the 'district  where  such  pre-emptions  are  filed,  shall  be  ordered 
by  the  legislature  or  other  competent  authority. 

Sec.  — .  All  laws  of  the  state  regulating  pre-emptions  are 
hereby  continued  in  force. 

Be  it  farther  ordained,  That  this  ordinance  shall  remain  in 
full  force  and  effect  until  the  next  biennial  session  of  the  Gen- 
eral Assembly. 

Mr.  Kennard  and  Mr,  Ilanly  offered  the  additional  sections, 
(the  three  last),  which,  together  with  the  ordinance  here  ordered 
to  be  printed,  and  made  the  special  order  for  Monday  morning 
9  o'clock. 

Mr.  Yell,  from  the  committee  on  military  afiairs,  made  the 
following 

REPORT. 

r>Ir.  President — 

The  committee  on  military  affairs,  to  whom  was  referred 
an  ordinance  to  enable  the  military  board  to  call  in  all  the  arms 
belonging  to  the  state,  not  now  in  the  hands  of  enlisted  sol- 
diers, have  had  that  ordinance  under  consideration,  and  directed 
me  to  report  the  same  back  to  the  convention,  with  a  slight 
amendment  by  them  made,  and  recommend  its  passage. 
All  of  which  is  respectfully  submitted, 

YELL,   Chairrnan. 

Which  was  read  and  received;  and  the  following 
ORDINANCE  No.  59, 

as  amended  by  said  committee,  was  read: 

An  Orpinance /o  e?za/;/e  the  military  hoard   to  call  in  aU  tie  arms 
Lelongin^o  the  state  not  now  in  the  hands  of  enlisted  soldiers. 

It  is  hcrthy  ordained  by  the  'peo^ile  of  the  State  o]  Arkansas  in 
convention  assembled,  That  the  military  board  is  hereby  author- 
ized and  empowered  to  cause  to  be  returned  to  the  arsenal,  at 
Little  Rock,  or  to  be  deposited  at  any  point  which  they  may 
direct,  all,  or  any  of  the  arms  which  have  been  distributed  by 
virtue  of  an  act  of  the  General  Assembly,  approved  January 
21st,  18G1,  and.all  other  arms  distributed  by  the  governor,  when- 
ever, in  the  opinion  of  said  board,  the  public  interest  requires 
the  same  to  be  done,  and  for  this  purpose,  they  shall  have  the 
right  to  pass  all  laws  and  orders  to  cause  their  commands  to  be 
executed  and  obeyed. 

Which  ordinance  was  adopted. 


THE   CONVENTION.  333 


Mr.  Yell,  from  the  same  committee,  made  the  following 

REPORT: 
Mr.    President — 

The  committee  on  military  affairs,  to  whom  was  referred 
the  petition  of  Col.  J.  J.  Gaines,  signed  by  numerous  ollicers, 
requesting  this  convention  to  appoint  him  major,  and  give  him 
the  command  of  two  artillery  companies  now  at  Camp  Rector, 
have  had  that  matter  under  consideration,  and  direct  me  to 
report  the  same  back  to  the  convention,  and  recommend  that 
the  secretary  of  this  convention  deliver  the  same  to  the  military 
board,  who  have  been  fully  empowered  by  this  convention  to 
act  upon  all  matters  of  this  description. 

\  E  L  L,  CJia  inn  a  n . 
Which  was  read  and  adopted. 

Mr.  Yell,  from  the  same  committee,  also  made  the  following 

REPORT: 

Mr.    PRESmENT — 

#  The  committee  on  military  aftairs,  to  whom  was  referred 
"  an  ordinance  to  authorize  the  governor  of  Arkansas  to  accept 
a  regiment,  and  tender  the  same  to  the  Confederate  States," 
have  had  that  ordinance  under  consideration,  and  have  directed 
me  to  report  the  same  back  to  this  convention,  and  recommend 
that  the  secretary  of  this  convention  be  ordered  to  deliver  the 
same  to  the  military  board,  who  have  been  heretofore,  by  this 
convention,  empowered  to  act  upon  all  matters  of  this  kind. 

All  of  which  is  respectfully  submitted. 

lELL,  Chairman. 

Which  was  adopted. 

Mr.  Grace  offered  the  following 

RESOLUTION: 

Resolved,  That  all  committees  of  this  convention,  to  whom 
has  been  referred  any  claim  or  account  against  the  State  of 
Arkansas,  be,  and  they  are  hereby  required  to  turn  the  same 
over  to  the  military  board. 

Which  was  adopted. 

Mr.  Hanly  from  the  committee  on  judiciary,  made  the  follow- 
ing 

REPORT: 

Mr.  President — 

The  committee  on  the  judiciary,  to  whom  was  referred 


334  JOURNAL    OF 


the  accompanying:  resolution,  instruct  me  to  report  that  they 
have  had  the  subject  under  consideration,  and  leave  to  recom- 
metid  to  your  honorable  body  the  passage  of  the  ordinance 
herewith  submitted,  which  has  been  prepared  to  meet  the  views 
expressed  by  the  resolution  in  question. 

All  of  which  is  respectfully  submitted, 

HANLY,  Chairman. 

Which  report  was  adopted. 

Ordinance  No.  61,  recommended  in  said  report  was  then 
read. 

ORDINANCE  No.  61. 

To  provide  for  the  payment  of  debts  due  frovi  the  government  of 
the  United  States  to  citizens  of  the  State  of  Arkansas  and  of 
the  Confederate  States,  out  of  moneijs  seized  from  the  United 
States  by  the  State  of  Arkansas. 

Sec.  1.  Jje  it  ordained  by  the  "people  of  the  State  of  Arkansas 
in  convention  assembled,  That  all  moneys  in  the  hands  of  any 
officer  of  the  United  States,  within  the  State  of  Arkansas,  pre- 
vious to  the  sixth  day  of  May,  A.  D.,  1861,  which  have  be»n, 
or  may  hereafter  be  seized,  to  the  use  of  the  state,  shall  be, 
and  the  same  are  hereby  declared  to  be  held  in  trust  by  the 
state,  so  far  as  the  same  may  be  necessary,  for  the  payment  of 
claims  justly  due  from  the  government  of  the  United  States  to 
the  citizens  of  the  State  of  Arkansas,  or  of  any  one  of  the 
Confederate  States  of  America,  on  or  before  the  said  sixth  day 
of  May;  Provided,  That  such  claims  shall  be  presented  and 
authenticated  as  hereinafter  required. 

Sec.  2.  Be  it  ordained,  That  before  payment  shall  be  made 
of  any  claim  of  the  character  specified  in  the  foregoing  section, 
whether  the  same  be  evidenced  by  draft,  certificate  of  any 
United  States  officer,  or  otherwise,  the  claimant  shall  file  his 
draft,  or  other  evidence  of  debt,  in  the  office  of  the  auditor  of 
public  accounts  of  the  State  of  Arkansas,  and  make  proof  which 
shall  be  satisfactory  to  the  auditor,  that  the  debt  is  justly  due; 
that  the  claimant  is  a  citizen  of  this  state  or  of  one  of  the  Con- 
federate States  of  America;  that  he  is  bona  fide  the  original 
holder  or  owner  thereof,  or  an  assignee  for  value,  and  that  was 
such  holder,  owner  or  assignee  previous  to  the  6th  of  May,  A. 
D.  1861;  Provided,  That  after  such  proof  shall  be  made,  such 
claim  shall  remain  on  file  in  the  auditor's  office,  for  ninety  days 
from  the  date  of  the  passage  of  this  ordinance,  at  the  expira- 
tion of  which  time,  the  auditor  shall  make  an  estimate  of  the 
whole  amount  of  moneys  seized  from  the  United  States,  as 
specified  in  the  foregoing  section,  and  of  the  whole  amount  of 
such  claims;  and  if  there  shall  be  a  sufficiency  of  such  moneys, 


THE    CONVENTION.  335 


to  pay  the  whole  of  such  claims,  then  the  auditor  shall  draw 
his  warrants  upon  the  treasury,  in  favor  of  such  claimants,  for 
the  full  amount  of  their  respective  claims.  LJut  if  the  whole 
amount  of  snid  claims  exceed  the  whole  amount  of  such  mon- 
eys, then  the  auditor  shall  draw  warrants  on  the  treasury  for 
the  payment  of  said  claims,  fro  rata. 

Sec.  3.  Be  it  ordained,  That  immediately  after  the  passage 
of  this  ordinance,  the  auditor  shall  give  notice,  b}'  advertise- 
ment in  at  least  five  newspapers  published  in  this  state,  of  the 
provisions  thereof,  requiring  all  persons  having  claims  of  the 
character  referred  to  in  the  first  section  of  this  ordinance,  to 
present  the  same  to  him,  within  ninety  days,  for  examination. 

Sec.  4.  Be  it  ordained,  That  no  claimant  shall  be  entitled  to 
the  benefit  of  the  provisions  of  this  ordinance,  unless  he  shall 
present  his  claim  within  the  time  prescribed  in  the  foregoing 
section. 

Sec.  5.  Be  it  ordained.  That  the  auditor  shall  keep  a  record 
of  all  his  proceedings  under  the  provisions  of  this  ordinance, 
as  of  other  official  transactions,  and  make  report  of  the  same 
to  the  legislature  of  the  state. 

•  Amendment  proposed  by  Mr.   Cypert — add  to  last  section. 

And  that  the  auditor  shall  be  allowed  the  same  fees  as  is  now 
allowed  for  like  services  by  the  laws  of  this  state. 

Amendment  proposed  by  Mr.  Batson — additional  section. 

Be  it  further  ordained ,  That  it  shall  be  the  duty  of  the  United 
States  pension  agent  for  the  State  of  Arkansas,  or  other  person 
having  possession  of  the  same,  to  deliver  to  the  auditor  the 
pension  roll,  and  all  books  and  papers  pertaining  to  such  agency, 
and  the  auditor  upon  the  application  of  any  pensioner,  and 
proof  being  filed  as  required  by  the  laws  of  the  United  States, 
shall  issue  his  warrant  upon  the  treasurer  of  this  state,  for  the 
amount  due  such  prmsioner  to  the  Gth  iMay,  1801. 

Mr.  Cypert  ollered  an  amendment,  and  3Ir.  Batson,  an  addi- 
tional section,  which  were  read. 

On  motion  of  Mr.  Kennard,  100  copies  of  the  ordinance  and 
proposed  amendment  and  addition,  were  ordered  to  be  printed 
for  the  use  of  the  convention. 

Mr.  Turner  presented  the  following  memorial  of  John  Thurs- 
ton, asking  indemnification  for  damages  his  steamboat  had  sus- 
tained in  the  service  of  the  state. 


336  JOURNAL    OP 


To  tht  honorable  Convention  of  the  people  of 

Arkansas,  noi'j  in  session: 

■  Your  memorialist,  John  Thurston,  a  citizen  of  the  county  of 
Crawford,  in  the' State  of  Aricansas,  would  respectfully  repre- 
sent that  he  is  the  owner  of  a  steam-boat  recently  plying  upon 
the  x'Vrkanjas  river,  that  said  boat  was  taken  possession  of  at 
Mulberry  landing  on  said  river,  on  the  28th  April,  18G1,  by  Col, 
Solon  Borland  commanding  detachment  of  volunieers  in  the 
service  of  said  state  as  will  appear  by  his  protest  against  hereto 
annexed. 

That  ihe  said  volunteers,  while  upon  said  boat,  injured  and 
defaced  the  furniture  of  said  boat,  and  otherwise  damaged  her. 
That  the  damages  sustained  amount  to  five  hundred  dollars; 
and  your  memorialist  would  respectfully  submit  to  your  hon- 
orable body  that  compensation  should  be  made  to  him  for  the 
damages  aforesaid. 

JOHN   THRUSTON. 

By  William  GJarrett. 

Witness: 

James  McDougal. 

STATE  OF  ARKANSAS, 
County  of  Crawford. 

By  this  public  act  of  protest,  be  it  made  manifest,  that  on 
this  fourth  day  of  May,  in  the  year  of  our  Lord,  one  thousand, 
eight  hundred  and  sixty-one,  before  me,  the  undersigned,  an 
acting  and  duly  commissioned  justice  of  the  peace,  within  and 
for  the  county  and  state  aforesaid — and  residing  in  the  city  of 
Van  Buren  in  said  county  and  state — personally  came  and 
appeared  John  Thruston,  master,  captain  and  sole  legal  owner 
of  the  steam-boat  "  Lady  Walton,"  who  being  duly  sworn, 
upon  his  oath,  deposed  and  said,  that  on  the  twenty-eighth  (28th) 
day  of  April,  A.  D.  18G1,  in  his  said  capacity  of  master  and 
6aptain  of  said  steam-boat,  he  contracted,  at  the  port  of  Fort 
Smith,  with  Col.  Solon  Borland,  then  in  command  of  certain 
volunteer  troops  of  the  State  of  Arkansas,  at  the  garrison  at 
Fort  Smith,  to  carry  said  troops,  to  the  number  of  two  hundred 
and  fifty,  from  said  port  of  Ft.  Smith  to  tne  city  of  Little  Rock, 
in  said  state  for  the  sum  of  thirteen  hundred  dollars,  to  be  paid 
at  said  city  of  Little  Rock,  upon  the  arrival  of  said  steamboat 
at  that  port.  That  on  said  twenty-eighth  day  of  April,  '..  D. 
18GI,  in  his  said  capacity  of  master  and  captain  of  said  steam- 
boat, to  carry  out  and  perform  said  contract,  so  entered  into  as 
aforesaid,  with  said  Col.  Solon  Borland — he,  the  said  John 
Thruston,  left  the  said  port  of  Ft.  Smith,  with  the  said  troops 
on  board  of  said  steam-boat.  The  said  boat  being  then  light 
and  staunch,  well  manned  and  provided,  and  the  engine  thereol 


THE    CONVENTION.  337 


in  good  order — and  said  boat  being  partially  insured;  and  the 
said  John  Thruston  further  says  that  he  proceeded  with  said 
boat  on  said  voyage  down  the  Arkansas  river  to  a  point  on  the 
north  side  thereof,  called  Mulberry  landing,  about  forty-nine 
miles  below  the  said  port  of  Fort  Smith,  where,  about  sunset 
of  said  day,  the  said  boat  was  by  him,  the  said  captain  and 
master  landed,  for  the  purpose  of  taking  in  necessary  wood. 
That  while  engaged  with  his  crew  in  taking  it  on  board,  it  grew 
dark,  that  is  to  say  night  come  on.  It  was  not  a  cloudy,  but 
star-light  night.  There  was  no  moon,  and  the  river  was  quite 
low  and  full  of  snags. 

This  master  further  states — That  upon  consultation  with  his 
pilots,  (McDougal  and  Duval)  he  concluded  that  it  was  unsafe 
to  proceed  until  the  moon  should  rise,  and  said  pilots  refused  to 
proceed  for  this  master  until  such  time  as  the  moon  should  rise. 
In  fact  the  said  pilots  gave  it  *as  their  opinion  that  it  would  be 
ver}'  unsafe  in  the  (then)  stage  of  water  to  proceed  with  the 
said  boat  at  all  until  day-light.  That  about  three  hours  after 
the  boat  was  landed,  as  aforesaid,  the  said  Col.  Solon  Borland 
took  the  said  boat  out  of  the  control  of  and  from  the  command 
of  t'r.is  appearer,  and  placed  another  officer,  not  a  member  of 
the  said  boats  crew,  or  one  of  her  officers,  in  command  thereof, 
and  with  her,  undef  the  command  of  his  said  appointee,  con- 
tinued the  voyage  in  the  night  time,  of  the  night  aforesaid. 

This  appearer,  the  said  John  Thruston,  so  soon  as  the  boat 
aforesaid  was  so  taken  from  his  command,  as  aforesaid,  got  oil 
ot  her,  and  she,  the  said  boat,  as  aforesaid,  proceeded  without 
him  on  her  voyage. 

That  at  the  time  and  place  he  was  deposed,  as  aforesaid, 
from  the  command  of  said  boat,  this  appearer,  John  1'hruston, 
had  no  opportunity  to  make  a  formal  protest  against  the  act  of 
the  said  Col.  Solon  Borland,  aforesaid — and  thereloi-e  he  for- 
mally does  the  same  at  this  time. 

This  appearer  further  says,  that  at  the  time  he  was  so  deposed 
from  the  command  of  the  said  boat,  all  his  officers  were  aboard 
and  he  at  his  post. 

That  it  would  have  been  unwise  and  unsa/e  at  the  time  for 
him  to  have  proceeded  with  the  said  boat  on  the  voyage. 

Therefore,  the  said  John  Thruston,  late  captain  of  the  said 
steam-boat,  and  at  his  request,  I,  the  said  justice  of  the  peace, 
do,  by  these  presents,  most  solemnly  publicly  protest  against 
the  acts  of  the  said  Col.  Borland,  in  so  deposing  the  said  cap- 
tain and  master  from  the  command  of  the  said  steam-boa^,  for 
all  losses,  detriment  or  damage  which  are  the  value  of  said 
boat,  that^iath  happened  or  that  may  hereafter  happen  to  the 
said  steam-boat  "  Lady  Walton,"  and  her  cargo,  or  any  part 
thereof — hereby  declaring  that  the  same   have  happened  as 

22 


338  JOURNAL    OF 


hereinbefore  stated,  and  of  right  should  be  borne  by  the  State 
of  Arkansas  and  not  by  the  said  master  and  owner.   . 

Done  and  protested  at  Van  Buren,  Arkansas. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  officially, 
as  such  justice,  as  aforesaid,  this  4th  day  of  May,  A.  D.  18G1. 
The  said  appearer,  John  Thruston,  signing  after  me  his  name. 

JOS.  W.  SPIVEY,   J.  P. 

JOHN  THRUSTON, 

Master  and  owner  oj  steam-boat  ^'■Lady  Walton.'''' 

STATE  OF  ARKANSAS, 

County  of  Crawford, 

I,  Edward  A.  Scott,  clerk  of  the  county  court,  within  and 
for  said  county  of  Crawford,  do  'hereby  certify  that  Jos.  W. 
Spivey,  whose  signature  appears  to  the  foregoing  instrument  of 
writing  is,  and  was  at  the  time,  an  acting  and  duly  commis- 
sioned justice  of  the  peace,  within  and  for  said  county,  that  his 
official  acts  are  entitled  to  full  faith  and  credit,  and  that  his 
signature  is  genuine,  as  I  verily  believe. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  as  such 
clerk,  and  affixed  the  seal  of  said  court,  at/)ffice,  this  4th  day 
of  May,  A.  D.  1861. 

ED.  A.  SCOTT,  Clerk. 

Mr.  Smoote  moved  to  lay  the  memorial  on  the  table;  which 
motion  was  lost,  and  the  memorial,  upon  the  motion  of  Mr. 
Turner,  was  referred  to  the  committee  on  state  affairs. 

Mr.  Yell,  from  the  committee  on  military  affairs,  made  the 
following 

REPORT: 

Mr.  President — 

The  committee  on  military  affairs,  to  whom  was  refer- 
red a  resolution  requesting  the  said  committee  lo  report  a  plan 
for  the  efficient  organization  and  arming  the  militia,  have  had 
the  same  under  consideration,  and  instruct  me  to  report  that 
the  two  bills  reported  by  them,  one  for  the  organization  of  a 
military  board,  and  the  other  for  the  organization  of  an  active 
volunteer  corps,  is  in  accordance  with  the  requirements  of  this 
resolution  and  supercedes  the  necessity  of  any  further  ordinance 
on  this  subject.     All  of  which  is  respectfully  submitted. 

YELL,  Chairman. 

Which  report  was  adopted. 

Mr.  Yell,  from  the  same  committee,  also  made  the  following 


THE    CONVENTION.  339 


REPORT: 

Mr.  President — 

The  committee  on  military  affairs,  to  whom  was  refer- 
red the  resolution  requiring  said  committee  to  report  an  ordi- 
nance for  the  governor  or  military  board  to  receive  all  volun- 
teer companies  and  regiments  that  might  report  themselves  as 
ready  for  service,  have  had  that  subject  under  consideration, 
and  instruct  me  to  report  that  the  requirements  in  this  resolu- 
tion are  all  fully  provided  for  in  the  bill  to  establish  a  military 
board,  and  the  bill  to  establish  an  active  volunteer  corps  for  the 
►State  of  Arkansas.     All  of  which  is  respectfully  submitted. 

YELL,  Chairman. 

Which  report  was  also  adopted,  and  the  resolution  referred 
to  thereby  rejected. 

Mr.  Yell,  from  the  same  committee,  submitted  the  following 

REPORT: 

Mr.  President — 

The  military  committee,  to  whom  was  referred  the  reso- 
lution requesting  that  the  governor,  by  ordinance,  be  instructed 
to  accept  of  such  organized  military  volunteer  companies  as 
have  been  tendered  to  him  for  service  of  the  state.  But  to 
receive  no  pay  until  they  are  mustered  into  service,  have  had 
that  matter  under  consideration,  and  they  have  instructed  me 
to  report  that  the  bill  establishing  an  active  volunteer  corps  for 
the  state,  passed  by  this  convention,  fully  provides  for  the  mat- 
ters contained  in  this  resolution.  And  that  there  is  no  need  for 
farther  action  by  this  convention  on  the  subject.  All  of  which 
is  respectfully  submitted. 

YELL,  Chairman. 

Which  was  also  adopted. 

Mr.  Yell,  from  the  same  committee,  likewise  made  the  fol- 
lowing 

REPORT: 

Mr.  President — 

The  committee  on  military  aflairs,  to  whom  was  refer- 
red the  resolution  to  instruct  the  governor  of  this  state  to  pur- 
chase all  the  sulphur  in  the  state,  have  had  that  matter  under 
consideration,  and  have  come  to  the  conclusion  that  it  would 
not  be  advisable  to  require  the  governor  to  purchase  all  the 
sulphur  in  the  state.  The  state  could  not  use  any  considerable 
quantity  of  it,  unless  she  undertakes  to  manufacture  powder. 
And  your  committee  are  of  opinion  that  the  state  is  not  in  a 


340  JOURNAL    OF 


condition  to  undertake  any  such  enterprise  at  present,  and  that 
all  such  enterprises  will  do  better  and  cost  less  when  undertaken 
by  individuals  on  their  own  responsibility. 

They  therefore  recommend  that  said  resolution  be  rejected. 

All  of  which  is  respectfully  submitted. 

YELL,   Chairman. 

Which  report  was  adopted — and  the  resolution  consequently 
rejected. 

Mr.  Yell,  from  the  same  committee,  also  made  the  following 

REPORT: 

Mr.  President: 

The  committee  on  military  affairs,  to  whom  was  refer- 
red the  resolution  requesting  that  two  companies  of  the  county 
of  Polk  should  be  furnished  with  powder  and  lead,  have  had 
that  matter  under  consideration,  and  have  requested  me  to 
report  that  all  matters  of  a  military  character,  and  all  the  mu- 
nitions of  war,  are  by  this  convention  submitted  to  the  control 
of  a  military  board,  established  for  that  purpose,  and  that,  there 
is  no  ne'ed  for  a  further  ordinance  on  that  subject. 

YELL,  Chairman. 

Which  was  also  adopted. 

Mr.  Yell,  from  the  same  committee  made  the  following 

REPORT: 

Mr.  President — 

The  committee  on  militarj'  affairs,  to  whom  v.-as  refer- 
red a  resolution  requiring  that  all  companies  that  have,  or  may 
tender  their  services  to  the  governor  for  service,  should  have 
arms  upon  their  giving  bond  for  the  same,  have  had  that  mat- 
ter under  consideration,  and  have  recommended  the  rejection 
of  the  resolution,  because  the  state  has  not  now  sufficient  arms 
for  the  men  that  are  going  into  active  service. 
All  of  which  is  respectfully  submitted. 

YELL,  CJiaii'man. 

This  is  nov/  provided  for  by  the  ordinance  adopted  this  morn- 
ing. YELL,  Chairman. 

Which  report  was  also  adopted. 

Mr.  Yell  from  the  same  committee  made  the  following 


THE    COXTEXTION.  341 


REPORT: 

Mr.  President — 

The  niilitar}-  committee,  to  whom  was  referred  the  letter 
of  S.  D.  Morgan,  desiring  information  on  the  subject  of  the 
minerals  and  geological  surve)'  of  the  State  of  Arkansas,  have 
had  that  matter  under  consideration  and  have  concluded  that 
such  information  might  be  of  much  advantage  to  him  and 
probably  aid  in  some  way  his  means  of  manufacturing  powder. 
They  have,  therefore  concluded  that  such  geological  survey 
shouhl  be  furnished  him. 

They  have,  therefore  instructed  me  to  report  the  following 
resolution,  for  your  adoption.  All  of  wdiich  is  respectfully  sub- 
mitted. 

YELL,    Chairman. 

Be  it  resolved  by  the  convenlion  of  the  State  of  Arkansas,  That 
the  secretary  of  state  be,  and  he  is  hereby  required  to  send  one 
copy  of  the  geological  »urvey  of  the  state  to  S.  D.  IMorgan, 
with  all  other  information  that  he  may  have  on  the  same  sub- 
ject, to  Nashville,  Tennessee,  at  the  cost  of  the  state,  for  which 
he  is  authorized  to  draw  on  the  treasury. 

Which  report  and  resolution  were  adopted. 

Mr.  Hobbs  offered  the  following 

RESOLUTION: 

Resolved,  That  the  committee  on  ways  and  means  be  directed 
to  enquire  into  the  propriety  of  levying  a  per  capita  tax  on  all 
negroes,  for  war  purposes,  and  report  to  this  convention,  by 
ordinance  or  otherwise,  at  their  earliest  convenience. 

Which  was  referred  to  the  committee  on  ways  and  means. 

Mr.  Grace  presented  a  memorial  from  certain  citizens  of 
Richland  township,  in  Jeflerson  county,  praying  that  soldiers 
lands  may  be  released  from  taxation,  while  such  soldiers  are  in 
the  military  service. 

Which  was  referred  to  the  committee  on  state  affairs. 

Mr.  Johnson,  from  a  select  committee,  made  the  following 

REPORT: 

Mr.  President — 

The  select  committee  to  whom  was  referred  the  reso- 
lution to  enquire  into  the  condition  of  the  muskets  and  other 
arms  now  in  the  arsenal  at  Little  Rock,  respectfully  report  that 


342  JOURNAL    OF 


they  have  made  examination  of  said  arms,  and  refer  you  to  the 
inventory  of  ordinance  No.  2 — statement  "C,"  of  May  the  7th 
1861,  which  has  been  transmitted  to  this  body  by  his  excellency, 
the  governor  for  the  number  and  character  of  the  same. 

Owing  to  the  threatened  condition  of  our  state,  we  would 
recommend  no  change  in  said  arms  for  the  present,  as  we  found 
them  in  excellent  condition,  except  4,569  that  were  flint  lock 
muskets  and  89  flint  lock  holster  pistols;  and  the  time  it  would 
take  to  make  the  change  from  flint  to  percussion  locks  would 
require  about  ninety  days. 

Your  committee  would  further  recommend  that  if  a  suitable 
opportunity  should  be  oifered  to  change  said  flint  locks  to  per- 
cussion, that  the  military  board,  heretofore  created  by  this  body, 
be  authorized  to  make  said  change. 

JOHNSON,  Chairman. 

Which  was  read  and  adopted. 
Mr.  Baber  oflered  the  following 

RESOLUTION: 

Resolved,  That  the  auditor  be,  and  he  is,  hereby  required  to 
draw  his  warrant  upon  the  treasurer  for  the  sum  of  sixty-seven 
dollars  and  sixty  five  cents,  in  favor  of  David  WaJker,  to  be 
paid  out  of  any  money  in  the  treasury,  not  otherwise  appro- 
priated. Said  sum  of  sixty-seven  dollars  and  sixty-five  cents 
having  been  paid  by  said  Walker  for  telegraphic  dispatches, 
and  the  payment  of  which  has  been  recommended  by  the  com- 
mittee on  ways  and  means. 

Which  resolution  was  adopted. 

Mr.  Kennard  oflered  the  following 

RESOLUTION: 

Resolved,  That  no  ordinance  or  resolution  in  regard  to  any 
matter  properly  under  the  jurisdiction  and  control  of  the  mili- 
tary board  will  hereafter  be  considered  by  this  convention. 

Which  was  adopted. 

Mr.  Dinsmore  offered  the  following 

RESOLUTION: 

Resolved,  That  this  convention  adjourn  on  Wednesday,  the 
9th  instant,  to  meet  on  the  first  Monday  of  November  next, 
unless  sooner  convened  by  the  call  of  the  military  board,  who 
shall  have  power  to  declare  the  convention  adjourned  sine  die, 
should  there  be  no  necessity  for  again  convening  it. 


THE    CONVENTION.  343 

Mr.  Flanagin  moved  to  amend  by  saying  "  adjourn  sine 
die,"  instead  of  to  a  definite  time. 

Mr.  Baber  moved  to  postpone  the  consideration  of  the  sub- 
ject until  Wednesday  next. 

Whereupon,  Mr.  Dinsmore  withdrew  his  resolution. 

Mr.  Hawkins  of  Ashley  offered  the  following 

RESOLUTION: 

Resolved,  That  this  convention  take  a  recess  on  Friday  nextj 
until  the  1st  December,  18G3,  subject  to  be  assembled  by  the 
president  thereof  sooner,  if  necessary;  and,  if  the  same  is  not 
convened  before  that  time,  the  adjournment  siiall  be  considered 
sine  die. 

Mr.  Batson  offered  the  following  as  a  substitute: 

Resolved,  That  this  convention  shall  hold  a  session  of  ten 
hours  each  day  (Sunday  excepted)  until  Friday  next,  and  shall 
then  adjourn  sine  die. 

Mr.  Floyd  moved  to  postpone  the  consideration  of  this  sub- 
ject indehnitely;  which  motion  prevailed. 

jMr.  Smoote  moved  to  make  the  ordinance — No.  55| — entitlec' 
"  an  ordinance  to  provide  revenue  for  the  State  of  Arkansas,'* 
the  special  order  for  to-morrow,  9  o'clock. 

Which  motion  also  prevailed. 

The  motion  of  Mr.  Totten  of  Prairie,  made  yesterday,  to  re- 
commit, from  the  2d  to  the  IGth  sections  of  ordinance  No.  15, 
to  the  committee  on  state  affairs,  with  certain  instructions,  was 
taken  up. 

Which  motion,  Mr.  Fishback  moved  to  lay  on  the  table. 

Mr.  Totten  of  Prairie  called  for  the  yeas  and  nays,  and  the 
call  being  sustained,  was  ordered  and  had  with  the  following 
result: 

Yeas — Messsrs.  Adams  of  Izard,  Austin,  Bolinger,  Campbell, 
Carrigan,  Desha,  Dodson,  Fishback,  Flanagin,  Griffith,  Kelley, 
Stallings  and  Turner — 13, 

Nays — Messrs.  Adams  of  Phillips,  Batson,  Bush,  Bussey, 
Clingman,  Crenshaw,  Cryer,  Cypert,  Cochran,  Dinsmore,  Dol- 
larhide,  Floyd,  Fort,  Gould,  Grace,  Ilanly,  Hawkins  of  Ashley, 
Hawkins  of  Sevier,  Hill,   Hilliard,  Jester;  Johnson,  Kennard, 


344  JOUEXAL    OF 


Lanier,  Mayd,  Parks,  Patterson  of  Jackson,  Patterson  of  Van 
Buren,  Ray,  Rhodes,  Robinson,  Shelton,  Slemons,  Smitii,  Smoote, 
Spivey,  Stillwell,  Stout,  Tatnm,  Totten  of  Arkansas,  Totten 
of  Prairie,  Walker,  Wallace,  Yell  and  Mr.  President — 45. 

So  the  motion  to  lay  upon  the  table  did  not  prevail,  and 
ordinance  No.  15,  from  section  2  to  section  16,  was  recommitted 
to  the  committee  on  state  affairs. 

On  motion  of  Mr.  Cypert,  the  remaining  sections  of  ordi- 
nance No.  15  were  referred  to  the  committee  on  landed  inte- 
rests. 

On    motion    of    Mr.    PTobbs,    the  convention  took   a   recess 


until  3  o'clock,  p.  m. 


3  o'clock,  p.  m. 


Convention  met. 
Roll  called. 


present: 

Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin,  Baber, 
Batson,  Bolinger,  Bush,  Campbell,  Carrigan,  CUngman,  Cren- 
shaw, Cryer,  Cochran,  Desha.  Dinsmore,  Dodson,  Flanagin, 
Floyd,  Fort,  Gould,  Griffith,  Hawkins  of  Ashley,  Hawkins  of 
Sevier,  Hilliard,  Hobbs,  Johnson,  Kennard,  Lanier,  Mayo, 
Murphy,  Parks,  Patterson  of  Jackson,  Patterson  of  Van  Buren, 
Ray,  Rhodes,  Robinson,  Shelton,  Smith,  Smoote,  Spivey,  Stal- 
lings,  Stillwell,  Stirman,  Stout,  Tatum,  Totten  of  Arkansas, 
Turner,  Walker,  Wallace,  Yell  and  Mr.  President~51. 

Mr.  Baber  asked  and  obtained  leave  of  absence  for  Mr. 
Fishback  on  account  of  sickness. 

Mr.  Griffith,  from  the  committee  on  enrollments,  made  the 
following 

REPORT: 

Mr.    PEESmENT 

The   committee  on    enrollments  have    examined   an 


THE    CONVENTION.  315 

ordinance  for  the  organization  of  an  efficient  military  corps  for 
active  service,  and  for  other  purposes. 

An  ordinance  prescribing  an  oalh  to  be  taken  by  .all  military 
and  civil  officers  in  the  service  of  this  stdte,  and  for  other  pur- 
poses. 

A  resolution  appropriating  money  to  defray  the  expenses  of 
a  commissioner  to  the  Indian  country. 

An  ordinance  to  provide  for  co-operation  with  the  forces  of 
tlie  Coniederate  States  of  America,  in  the  defence  of  the  west- 
ern frontier. 

A  resolution  in  regard  to  medical  stores  being  carried  to  the 
western  frontier. 

An  ordinance  for  the  relief  of  Hon.  F.  W.  Compton. 

A  resolution  in  relation  to  the  transfer  of  subsistence  stores 
from  the  arsenal  to  the  western  hontier. 

A  resolution  making  an  appropriation  to  S.  H.  Tucker  &  Co. 

An  ordinance  authorizing  the  governor  to  grant  pardons  and 
remit  fines  and  forfeitures  in  certain  cases. 

An  ordinance  for  the  relief  of  Francis  JM.  Hill. 

An  ordinance  supplementary  to  the  ordinance  entitled  "  an 
ordinance  prescribing  an  oath  to  be  taken  by  all  civil  and  mili- 
tary officers  in  the  service  of  this  state,  and  lor  other  purposes," 
heretofore  adopted  by  this  convention. 

An  ordinance  to  suspend  the  operation  of  an  act  of  the 
General  Assembly  entitled  "  an  act  amendatory  of  the  militia 
laws  of  the  State  of  Arkansas,"  approved  the  21st  of  January, 
18(U. 

An  ordinance  to  enable  the  military  board  to  call  in  all  the 
arms  belonging  to  the  state,  not  now  in  the  hands  of  enlisted 
soldiers. 

An  ordinance  fixing  the  military  rank  of  the  military  board 
created  by  this  convention,  adopted  the  15th  day  of  May,  A. 
D.  ISCl. 

An  ordinance  for  the  relief  of  such  citizens  of  the  State  of 
Arkansas  as  may  be  engaged  in  the  military  service  of  the 
State  of  Arkansas  or  of  the  Confederate  States;  and  have  in- 
structed me  to  report  the  same  to  be  correctly  enrolled. 

GRIFFITH,  Chairman. 

Which  was  received. 

Mr.  Murphy  offered  the  following 

RESOLUTION: 

Resolved,  That  the  secretary  of  state  furnish  each  member  of 
this  convention  with  a  copy  of  Gould's  Digest,  to  be  returned 
at  the  end  of  the  session. 

Which  was  adopted. 


346  JOURNAL    OF 


Ordinance  No.  52,  concerning  proposed  amendments  to  the 
constitution  of  this  state,  was  then  taken  up. 

The  first  section  was  read. 

Mr.  Clingman  moved  to  amend  by  inserting  after  the  VA^ord 
"  state,"  in  the  ordinance,  the  words  "  as  it  appears  in  Gould's 
Digest."  Also,  under  article  2,  the  No.  "9"  for  the  No.  "8;" 
and  also  section  "9"  for  section  "10." 

Which  were  adopted. 

Mr.  Floyd  moved  to  amend  by  changing  the  M'ords  "  United 
States"  to  "Confederate  States,"  in  6th  line  of  section  28, 
article  4,  of  the  constitution. 

Mr.  Flanagin  offered  as  a  substitute  the  following 

Strike  out  all  of  said  section  after  the  word  "  law,"  in  3d 
line. 

Which  was  adopted. 

Mr.  Dinsmore  moved  a  reconsideration  of  the  action  had  on 
the  ordinance,  and  suspend  further  action  thereon. 
Which  did  not  prevail. 

Mr.  Yell  moved  to  amend  by  adding  to  the  section,  as  it 
was  amended  by  Mr.  Flanagin,  the  following: 

"  And  all  officers  both  civil  and  military,  acting  under  the 
authority  of  this  state,  shall,  before  entering  on  the  duties  of 
their  respective  offices,  take  an  oath  or  affirmation  to  support 
the  constitution  of  the  Confederate  States  and  of  this  state, 
and  to  demean  themselves  faithfully  in  office." 

•Mr.  Carrigan   moved  to  amend  the  amendment  as  follows: 

Insert  "  State  of  Arkansas  "  before  "  Confederate  States," 
and  strike  out  "  State  of  Arkansas "  after  "  Confederate 
States." 

Which  was  accepted. 

Mr.  Smith  offered  the  following  amendment  to  the  amend- 
ment: 

Amend  by  inserting  after  the  word  "  law,"  in  third  line — • 
"  And  all  officers,  both  civil  and  military,  acting  under  the 
authority  of  this  state,  shall,  before  entering  on  the  duties  of 
their  respective  offices,  take  an  oath  or  affirmation  to  support 
the  constitution  of  the  Confederate  States  and  of  this  state,  and 
to  demean  themselves  faithfully  in  office." 


THE    CONVENTION.  347 

Which  was  lost. 

Mr.  Flanagin  moved  to  amend  the  amendment  proposed  by 
adding  after  the  first  word,  "  and,"  the  words  "  after  the 
present  year." 

Which  was  lost. 

Mr.  Batson  oflered  to  amend  by  adding  to  the  amendment 
proposed,  "  and  in  addition  thereto  shall  take  such  further  oath 
or  affirmation  as  may  be  prescribed  by  law." 

Which  was  adopted. 

The  question  was  then  stated  on  the  adoption  of  the  amend- 
ment as  amended. 

Mr.  Murphy  was  called  to  the  chair. 

Mr.  President,  after  discussion,  moved  that  the  ordinance  be 
recommitted  to  the  committee  on  judiciary,  with  instructions 
to  report  whatever  amendments  may  to  them  seem  necessary, 
etc. 

Which  motion  prevailed,  and  the  ordinance  was  recommitted. 

Mr.  Hanly,  from  the  committee  on  judiciary,  made  the  fol- 
lowing 

REPORT: 

Mr.  President — 

The  committee  on  judiciary,  to  whom  was  referred  the 
subject  of  the  ordinance,  herewith  returned  to  your  honorable 
body,  have  had  the  same  under  consideration,  and  instruct  me 
to  report  the  same  back  and  recommend  the  passage  of  the 
accompanying  ordinance,  which  your  committee  have  prepared 
to  meet  the  views  of  the  committee  on  the  subject. 

All  of  which  is  respectfully  submitted. 

HAXLY,    Chairman. 

ORDINANCE  No.  62, 

Was  then  read  and  placed  upon  the  calendar. 
On    motion  of   Mr.   Ilobbs,    the  covcntion    adjourned  until 
to-morrow  morning,  9  o'clock. 

DAVID  WALKER, 

President. 


348  JOURNAL    OF 


Saturday,  31aij  25///,  1801. 
Convention  met  pursuant  to  adjournment. 
Roll  called. 

present: 

Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin,  Baber, 
Batson,  Bolinger,  Bush,  Bussey,  Campbell,  Carrigan,  Clingman, 
Crenshaw,  Cryer,  Cypert,  Cochran,  Desha,  Dinsmore,  Dodson, 
Fishback,  Flanagin,  Floyd,  Fort,  Gould,  Grace,  GriJflith,  Hanly, 
Hawkins  of  Ashley,  Hawkins  of  Sevier,  Hill,Hobbs,  Hobson, 
Jester,  Johnson,  KelIey,Kennard,  Lanier,  Mayo,  Murphy,  Parks, 
Patterson  of  Jackson,  Patterson  of  Van  Buren,  Ray,  Rhodes, 
Robinson,  Shelton,  Siemens,  Stallings,  Stirman,  Stout,  Tatum, 
Turner,  Walker,  Wallace,  Watkins  and  Mr.  President — 55. 

The  journal  of  yesterday  was  read,  approved  and  signed. 

Mr.  Stillwell  presented  the  credentials  of  Hon.  George  C. 
Watkins,  a  delegate  from  Pulaski  county,  elected  to  fill  the 
vacancy  occasioned  by  the  resignation  of  Hon.  A.  H.  Garland. 

Which  were  received,  and  Mr.  Watkins  appeared  and  took 
his  seat  as  a  delegate  to  this  convention. 

Mr.  Floyd,  from  the  committee  on  laudedjnterests,  made  the 
following 

REPORT: 

Mr.  PresidexVt — 

The  standing  committee  on  the  landed  interest  of  the 
state,  to  whom  was  referred  ordinance  No.  27,  concerning  the 
archives  of  the  surveyor  generals  office,  have  had  the  same 
under  consideration,  and  have  directed  me  to  report  that  the 
whole  subject  has  been  fully  provided  for  in  the  ordinance  now 
reported  to  the  convention,  and  made  the  order  of  the  day  for 
Monday  next.  All  of  which  is  respectfully  submitted,  and  ask 
to  be  discharged  from  the  further  consideration  of  the  same. 

FLOYD,   Chairman. 

Which  was  read  and  adopted. 

Mr.  Floyd,  from  the  same  committee,  also  made  the  following 

REPORT: 

Mr.  President — 

The  standing  committee  on  the  landed  interest  of  the 


THE    CONVENTION.  349 

state,  to  whom  was  referred  ordinance  No.  2G,  requiring  the 
delivery  by  the  registers  of  land  offices  to  keep  and  deliver  all 
the  patents  in  iheir  possession  to  the  proper  persons  entitled 
the  same,  would  most  respectfully  report  that  the  same  has 
been  properly  considered  and  provided  for  in  an  ordinance  now 
before  the  convention  for  adoption.  All  of  which  is  most 
respectfully  submitted,  and  ask  to  be  discharged  from  the  fur- 
ther consideration  of  the  same. 

FLOYD,   Chairman. 

Which  was  read  and  adopted- 
Mr.  Floyd,  from  the  same  committee,  made  the  following 

RErORT: 

My.  President — 

The  committee  on  landed  interests  to  whom  was  referred 
ordinance  No.  25,  to  suspend  the  farther  sale  of  swamp  and 
overllowed  lands  in  the  Batesville  land  district,  until  the  Gene- 
ral Assembly  shall  otherwise  direct,  and  to  protect  the  rights 
of  pre-emptors  therein,  have  had  the  same  under  consideration, 
and  have  instructed  me  to  make  the  following  report,  that  the 
same  being  local  to  the  Batesville  land  district,  and  the  dele- 
gates from  that  district  are  of 'opinion  that  said  lands  should  be 
suspended  for  the  time  being,  so  as  to  prevent  speculators  from 
absorbing  and  taking  up  all  the  land  of  raid  district  to  the 
injury  of  pre-emptors  and  actual  settlers.  Therefore  your  com- 
mittee report  the  ordinance  back  and  recommend  its  adoption. 

FLOYD,   Chairman. 

Which  report  was  received,  and  on  motion  of  Mr.  Flanagin, 
ordinance  No.  25,  was  recommitted  to  the  committee  on  landed 
interests,  with  instructions  to  report  an  ordinance  for  the  relief 
of  pre-emptors  throughout  this  state. 

]Mr.  Adams  of  Phillips,  from  the  committee  on  state  affairs, 
made  the  following 

REPORT: 

To  the  President  and  members  of  the  convention: 

The  committee  on  state  affairs  to  whom  was  referred 
the  statement  of  the  proceedings  of  "  a  meeting  of  the  citizens 
of  Richland  township,"  concerning  the  taxes  due  by  soldiers  in 
the  war,  have  had  the  same  under  consideration,  and  instruct 
me  to  report  tbat  in  the  judgment  of  the  committee,  there  are 
two  elements  necessary  beyond  all  doubt  for  the  prosecution  of 
the  interests  of  the  people  of  the  Confederate  ^States,  to-wit: 
men  and  money,  men  who  offer  themselves  upon  the  altar  of 


350  [JOURNAL    OF 


their  country,  certainly  should  have  the  protection  of  their 
countrymen  whenever  and  wherever  necessary,  and  your  com- 
mittee entertain  no  doubt  but  that  such  protection  will  be  given. 
The  'private  citizen  at  Iwme  will  protect  Irom  injury,  those  who 
are  in  the  service  of  their  country  in  the  field,  and  need  protec- 
tion at  home.  Yet,  your  committee  fear  that  any  general  law 
upon  the  subject  would  be  prejudicial  to  the  highest  interests 
of  the  state  in  the  present  crisis,  and  therefore  have  instructed 
me  to  report  that  they  do  not  now  recommend  any  action  by 
the  convention  upon  this  subject. 

Which  is  respectfully  submitted, 

CHAS.  W.  ADAMS, 

Chairman,  pro  tern. 

Which  was  read  and  adopted. 

Mr.  Adams  of  Phillips,  from  the  sume  committee,  made  the 
following 

REPORT: 

Mj.  President — 

The  committee  on  state  affairs  to  whom  was  referred 
the  memorial  of  John  Thruston,  have  had  the  same  under  con- 
sideration, and  have  instructed  me  to  report  that  in  their  opin- 
ion the  subject  alluded  to  in  said  memorial,  is  one  peculiarly 
within  the  scope  of,  and  fit  for  the  action  of  the  military  board, 
and  they  do  not  think  that  this  convention  should  consider  the 
same;  yet  if  it  be  the  opinion  of  the  convention  that  the  power 
conferred  upon  the  military  board  does  not  extend  to  such  mat- 
ters, your  committee  recommend  that  the  committee  on  resolu- 
tions and  ordinances  be  instructed  to  prepare  an  ordinance 
making  the  proper  provisions  therefor. 
Which  is  respectfully  submitted, 

CHAS.  W.  ADAMS, 

Chairman,  pro  tern. 

Which  was  read  and  received  and  the  memorial  placed  upon 
the  calendar. 

Mr.  Adams  of  Phillips,  from  the  same  committee,  made  the 
following 

REPORT: 

To  the  President  and  members  of  the  convention: 

The  committee  on  state  affairs  to  whom  was  recommit- 
ted the  ordinance  entitled  "  an  ordinance  to  prevent  giving  aid 
and  comfort  to  the  enemy,"  with  instructions  to  provide  for  the 
appropriation  of  the  indebtedness  of  the  citizens  of  this  state 


THE    COXVEXTIOX.  351 

to  citizens  or  corporations  in  the  non-slaveholding  states,  in 
such  manner  as  not  to  impi^r  the  rights  of  attorneys  or  other 
agents  interested  in  such  claims,  and  in  such  manner  as  to 
make  the  collection  gradual  and  as  little  hurthersome  to  the 
debtor  as  may  be,  have  had  the  same  under  consideration,  and 
have  instructed  me  to  report  the  following  amendments  to  said 
ordinanc»e;  which  are  respectfully  submitted. 

CHAS.  W.  ADAMS, 

Chairman,  pro  icm. 

Which  was  read  and  received. 

Mr.  Kennard  moved  that  100  copies  of  the  amendments  pro- 
posed to  the  ordinance  be  printed,  and  that  the  ordinance  be 
made  the  special  order  for  Tuesday. 

Mr.  Johnson  called  for  the  veas  and  nays,  which  was  sus- 
tained, ordered,  and  had  with  the  following  result: 

Yeas — Messrs.  Adams  of  Izard,  Austin,  Baber,  Bolinger,  Bush, 
Campbell,  Carrigan,  Clingman,  Cypert,  Desha,  Dinsmore,  Fish- 
back,  Flanagin,  Floyd,  Fort,  Gould,  Griffith,  Hanly,  Hill,  Hob- 
son,  Jester,  Kelley,  Kennard,  Parks,  Patterson  of  Van  Buren, 
Smith,  Stallings,  Stillwell,  Stout,  Turner,  Watkins,  Yell  and 
Mr.  President— 33. 

Navs — Messrs.  Adams  of  Phillips,  Batson,  Bussey,  Cochran, 
Cryer,  Dodson,  Dollarhide,  Grace,  Hawkins  of  Ashley,  Hawkins 
of  Sevier,  Hilliard,  Hobbs,  Johnson,  Lanier,  Mayo,  Patterson 
of  Jackson,  Rhodes,  Robinson,  Shelton,  Siemens,  Smoote,  vSpivey, 
Tatum,  Totten  of  Arkansas,  ^yalker,  and  Wallace — 27. 

So  the  motion  prevailed,  and  the  amendments  proposed  w'ere 
ordered  to  be  printed,  and  the  ordinance  and  amendments  were 
made  the  special  order  for  Tuesday  9  o'clock. 

Mr.  Flanagin  asked  and  obtained  leave  of  absence  for  Mr. 
Fuller,  on  account  of  indisposition. 

Mr.  Johnson  also  obtained  leave  of  absence  for  Mr.  Totten 
of    Prairie. 

Mr.  Turner  offered  the  following 

RESOLUTION: 

Resolved,  That  the  committee  on  ordinances  be  instructed  to 
report  an  ordinance  conferring  on  the  military  board  power 
and  authority  to  investigate,  inquire  into,  and  report  upon  all 


352  JOURNAL    OF 


claims  against  the  ?tate  growing;  out  of  or  in  any  way  con- 
nected with  the  military  service  of  the  state. 

Which  was  adopted. 

On  motion  of  Mr.  Batson,  the  name  of  Mr.  Watkins  was 
added  to  the  committee  on  the  judiciary. 

On  motion  of  Mr.  Floyd,  the  special  order,  ordinance  No. 
55|-,  entitled  "  an  ordinance  to  provide  revenue  for  the  State 
of  Arkansas,"  was  taken  up. 

The  first  section  was  read. 

Mr.  Flanagin  moved  to  amend  by  adding: 

And  provided  furihei-.  That  an  account  shall  be  kept  of  the 
receipts  into  the  treasury  from  each  swamp  land  dTstrict  for 
the  purpose  of  future  adjustment  with  said  districts. 

Mr.  Watkins  offered  the  following  as  an  amendment  to  the 

amendment: 

And  in  all  cases  where  the  state  has  made  any  grant  of 
lands  for  any  specific  purpose,  or  has  set  apart  or  invested  lands 
for  any  such  purpose,  for  railroads,  reclamation  or  any  pur- 
pose of  internal  improvement,  the  .proceeds  arising  i'rom  the 
sale  of  said  lands,  as  contemplated  by  this  ordinance,  shall 
constitute  a  trust  fund  subject  to  be  nppropriated  by  the  Gene- 
ral Assembly;  for  such  purpose  and  object,  whenever  peace 
may  be  restored:  and  to  that  end  the  state  will  account  for  the 
same,  with  six  per  cent,  interest  thereon,  to  be  computed  on 
the  respective  amounts  received  in  the  treasury  down'the  close 
of  each  fiscal  year. 

Which  was  accepted. 

Mr.  Hobson  offered  the  following  as  an  amendment  to  the 

amendment: 

ihid  prrvided  further,  That  the  swamp  lands  in  the  Cham- 
pagnoUe  district  remain  as  originally  disposed  of  by  the  legis- 
lature of  this  state. 

Mr.  Turner  moved  to  include  the  Clarksville  land  district; 
which  was  accepted. 

Pending  the  discussion  of  which,  Mr.  Carrigan  moved  the 
recommittal  of  the  ordinance  and  amendments  to  the  com.mit- 
tee  on  landed  interests;  whereupon, 

Mr.  Totten  of  x\rkansas,  oflered  the  following  as  an  addi- 
tional section: 

Sec.  14.  Be  it  further  ordained,  That  the  land  attorney  and 


THE    CONVENTION.  353 


state  collector  be,  and  he  is  hereby  directed  to  pay  into  the 
treasury  of  the  State  of  Arkansas,  without  delay,  all  moneys 
that  now  may  be  in  his  hands  as  such  land  attorney  and  state 
collector;  and  that  he  be  further  directed  to  pay  into  the  trea- 
sury of  the  state,  without  delayj  any  money  that  he  may  here- 
after collect,  taking  receipts  Irom  the  treasurer  of  the  state  for 
the  same. 

Which  was  read,  and  the  motion  to  recommit  the  ordinance 
and  amendments  prevailed. 
Mr.  Adams  of  Phillips,  offered  the  following 

RESOLUTION: 

Resolocd,  That  his  excellency,  the  governor,  be,  and  he  is 
iiereby  requested  to  communicate  to  this  convention  the  facts 
which  have  transpired  touching  the  execution  of  the  act  No. 
108,  passed  by  the  General  Assembly,  and  approved  January 
lo,  ISGl;  also  of  the  act  No.  116,  passed  and  approved  January 
16,  1861. 

Which  was  adopted. 

Ordinance  No.  6'2-,  entitled  "  an  ordinance  authorizing  the 
several  county  courts  of  this  state  to  levy  special  taxes  in  cer- 
tain cases,"  was  then  taken  up  and  read. 

Mr.  Cypert  moved  to  amend  by  inserting  after  the  word 
"  and,"  "  who  may  arrest  all  suspected  persons  and  bring  them 
before  some  justice  of  the  peace  without  warrant  for  trial  by 
the  civil  authorities." 

Which  was  adopted. 

Mr.  Watkins  offered  the  following 

RESOLUTION: 

Resolved,  That  ordinance  No,  62  be  recommitted  with  instruc- 
tions to  report  an  ordinance  so  framed  that  the  expenses  arising 
out  of  ordinance  No.  62,  shall  be  defrayed  out  of  the  fund 
arising  from  the  special  county  tax  authorized  to  be  levied  by 
ordinance  No.  — ,  adopted  May  11th. 

Which  prevailed,  and  the  ordinance  was  recommitted. 
Mr.  Patterson  of  Jackson,  on  leave,  introduced 

ORDINANCE  No.  62^. 

An  ORDi>fANCE  to  confirm  the  several  acts  of  the  legislature  cf  the 
State  of  Arkansas  to  establish  separate  courts  in  the  counties 
if  Jackson  and  St.  Francis. 
23 


354  JOURNAL    OF 


Be  it  and  it  is  hereby  ordained  by  the  people  of  the  State  of 
Arkansas  in  convention  assembled,  That  the  act  of  the  General 
Assembly  entitled  "  an  act  to  establish  separate  courts  in  the 
county  of  Jackson,  in  the  State  of  Arkansas,"  approved  the 
28th  day  of  December,  A.  D.  1860,  and  the  act  of  said  General 
Assembly  entitled  "  an  act  to  establish  separate  courts  in  the 
county  of  St.  Francis,  in  said  state,"  approved  the  10th  Janu- 
ary, 1801,  are  in  all  things  hereby  ratified  and  confirmed;  and 
that  the  constitution  and  laws  of  the  State  of  Arkansas  wherever 
they  may  come  in  conflict  with  this  ordinance,  be,  and  they 
are  hereby  repealed,  and  shall  hereafter  be  held  to  be  null  and 
void. 

Be  it  further  ordained,  That  this  ordinance  shall  take  effect 
and  be  in  force  from  and  after  its  adoption. 

Which  was  read  and  adopted. 
Mr.  Mayo  offered  the  following 

RESOLUTION: 

Resolved,  That  the  military  board  be  permitted  to  issue  com- 
missions to  the  Hampton  Rangers,  an  infantry  company  of 
Monroe  county,  Arkansas. 

Which  was  lost. 

Mr.   President  appointed    as  a  committee  to   select  a  device 

for  a  flag  and  coat-of-arms,  Messrs.   Adams,  of  Phillips,  Ken- 

nard  and  Watkins. 

Upon  motion  of  Mr.  Baber,  the  convention  adjourned  until 

Monday  morning  8  o'clock. 

DAVID  WALKER, 

President. 


Monday,  May  27th,  1861. 
Convention  met  pursuant  to  adjournment 
Prayer  by  the  Rev.  Mr.  Pope. 
Roll  called 


THE    CONVENTION.  355 


present: 

Messrs.  Adams  of  Izard,  Adams  of  riiillips,  Austin,  Babcr, 
Batson,  Bolinger,  Bush,  Bussey,  Campbell,  Carngan,  Clingman, 
Crenshaw,  Cryer,  Cypert,  Cochan,  Desha,  Dinsmore,  Dodson, 
Dollarhide,  Fishback,  Flanagin,  Floyd,  Fort,  Gould,  Griffith* 
Hanly,  Hawkins  of  Ashley,  Hawkins  of  Sevier,  Hill,  Hilliard, 
Hobbs,  Hobson,  Jester,  Johnson,  Kelley,  Kennard,  Lanier, 
Mayo,  Murphy,  Parks,  Patterson  of  Jackson,  Patterson  of  Van 
Buren,  Ray,  Rhodes, rtobinson,vShelton,  Slemons,  Smith,  Smoote, 
Spivey,  Stallings,  Stirman,  Stout,  Tatum,  Totten  of  Arkansas, 
Turner,    Walker,  Wallace,  Yell  and  Mr.  President — 61. 

The  journal  of  Saturday  was  read,  approved  and  signed. 

Mr.  Cryer,  on  leave,  introduced 

ORDINANCE  No.  63. 

Whereas,  This  convention  passed  an  ordinance  entitled  "  an 
ordinance  to  create  a  military  board  for  the  State  of  Arkansas," 
and  also  an  ordinance  entitled  "  an  ordinance  to  provide  for 
the  organization  of  an  efficient  militarj'^  corps  for  actire  service, 
and  for  the  election  of  certain  officers;"  And  ichcrcas,  it  was 
the  true  intent  of  this  convention,  in  passing  these  ordinances, 
that  they  were  mutually  dependent  upon  each  other,  and  that 
both  ordinances  constituted  one  entire  system;  the  military 
board  to  adjudicate  and  pass  upon  all  questions  and  claims, 
and  to  make  all  general  orders  to  render  the  major  general  and 
the  brigadier  generals,  and  the  active  war  corps  efficient  in 
defending  the  state;  and  although  the  said  board  were  given 
full  power  to  issue  orders  for  the  purposes  aforesaid  in  aid  of, 
and  to  facilitate  the  business  of  said  officers,  in  the  defence  of 
the  state,  and  it  was  for  this  purpose  alone,  and  that  it  was 
never  intended  that  the  said  board  should  have  any  military 
rank  whatever;  And  whereas,  different  constructions  have 
already  b«en  put  upon  the  true  intent  and  meaning  of  said  ordi- 
nances, so  much  so  as  to  render  the  ordinance  requiring  an 
active  military  force  inoperative  and  of  little  or  no  use;  and  it 
is  evident  that  war  now  exists,  and  that  the  State  of  Arkansas 
is  in  imminent  danger,  and  that  there  is  no  time  now  to  adju- 
dicate the  different  constructions  placed  upon  said  ordinances; 
And  iv/icrcds,  it  is  evident  that  an  eflicient  corps  of  soldiers 
should  be  immediately  called  into  the  field  without  delay;  there- 
fore 

He  it  ordained  by  the  'people  of  the  Slate  of  Arkansas  in  conven- 
tion assembled,  That  Major  General  James  Yell,  with  his  staff, 
to  be  appointed  as  in  ordinance  aforesaid  provided,  be,  and  be 


356  JOURNAL    OF 


is  hereby  called,  by  this  convention,  into  active  service  of  the 
state,  and  to  remain  in  service  until  such  time  as  the  govern- 
ment of  the  Confederate  States  have  a  sufficient  number  of 
troops  in  service  in  this  state  to  protect  the  state  against  dan- 
ger or  invasion;  and  he  is  hereby  authorized  to  proceed  to  call 
into  service  a  sufficient  number  of  troops  to  secure  the  state 
against  danger  or  invasion,  and  to  arm  and  equip  them  with 
such  arms  as  the  state  may  have  on  hand,  and  if  necessary,  to 
procure  other  arms  for  that  purpose;  and  that  the  major  gen- 
holds  rank,  and  has  command  over  all- military  officers  of  this 
state.  This  ordinance  is  to  be  put  in  force  without  regard  to 
any  authority  or  hindrance  of  the  military  board,  and  that  all 
laws  and  ordinances  in  conflict  or  inconsistent  with  this  ordi- 
nance are  hereby  suspended. 

Which  ordinance  was  read,  and  after  considerable  discussion 
withdrawn.  < 

Mr.  Patterson,  of  Jackson,  offered  the  following 

RESOLUTION: 

Resolved,  That  this  convention  now  proceed  to  take  up  busi- 
ness in  the  following  order: 

1 .  Land  bill. 

2.  The  confiscation  bill. 

3.  The  revenue  bill. 

4.  The  amendment  of  the  constitution. 

And  that  no  other  business  will  b'e  considered  until  these  pro- 
visions shall  be  complied  with,  unless  otherwise  ordered  by  a 
two -thirds  vote  of  this  convention. 

But  after  some  discussion,  withdrew  the  same. 

The  special  order  of  the  day  being  the  consideration  of  ordi- 
nance No.  60  was  then  taken  up. 

On  motion  of  Mr.  Cypert,  the  word  "  sovereign,"  in  the  first 
line  of  the  first  section,  was  striken  out. 

Mr.  Flanagin   moved  to  amend  by  adding  after  the  word 

"  Arkansas,"  in  the  10th  line,  the  following: 

"Said  bonds  shall  be  conditioned  for  the  faithful  performance 
of  their  respective  duties,  as  prescribed  by  the  laws  of  the 
United  States,  and  the  regulations  and  instructions  in  relation 
thereto^-  passed,  adopted,  or  given  before  the  sixth  day  of  May, 
A.  D.  1861,  as  modified  by  the  ordinances  of  this  convention." 

Which  was  adopted. 

i    Mr.  Flanagin  moved  to  strike  out  '*  rules,"  in  the  sixth  line, 


THE    CONVENTION,  357 

and  insert  the  word  "  instructions"  in  the  place  thereof;  which 
motion  prevailed. 

On  motion  of  Mr.  Cypert,  the  word  "  several,"  in  the  sixth 
line,  was  stricken  out. 

On  motion  of  Mr.  Floyd,  the  first  section,  as  amended,  was 
adopted. 

The  second  section  was  then  read  and  adopted. 

The  third  section  was  read. 

Mr.  Hawkins,  of  Ashley,  offered  to  amend  by  adding  at  the 
end  of  the  section,  the  following: 

"  And  that  all  persons  v/ho  shall  have  purchased  lands,  which 
purchase  may  become  void  by  this  act,  shall  have  the  exclusive 
privilege  of  entering  the  same,  by  payment  of  money,  within 
days  afte«r  such  fact  shall  have  been  ascertained." 

Mi\   Kennard  offered  the   following  as  a  substitute  for  said 

amendment: 

"  That  no  military  land  warrant  shall  be  located  at  any  of 
the  land  offices  of  this  state,  after  the  date  of  the  passage  of 
this  ordinance,  except." 

Which  substitute  was  lost. 

Mr.  Flanagin  ofTered  the  following  amendment  to  the  amend- 
ment of  Mr.  Hawkins,  of  Ashley: 

After  "  money,"  strike  out  all,  and  insert  "  on  or  before  the 
first  day  of  August." 

Mr.  Patterson,  of  Jackson,  moved  a  reconsideration  of  the 
vote  upon  the  substitute  offered  by  Mr.  Kennard;  which  motion 
prevailed. 

Mr.  Patterson,  of  Jackson,  moved  to  amend  the  substitute  by 
adding  after  the  word  "  except,"  the  following  words:  "  for 
their  use,  and  such  as  have  been  located  by  citizens  of^the  state 
of  Arkansas;"  which  amendment  Vvas  accepted,  and  the  sub- 
ssitute,  as  amended,  was  adopted. 

Mr.  Patterson,  of  Jackson,  offered  the  following  amendment: 

"  Or  of  Indian  tribes  upon  our  border  actively  in  league  with 
us." 

Which,  after  debate,  was  withdrawn. 

Mr.   Clingman  offered   to   amend  by  adding  after  the  word 

*'  Arkansas,"  in  the  6th  line,  the  following: 

Provided  Jiwther,  That  no  person,  a  citizen  of  this  state,  on 


358  JOURNAL    OF 


the  Gth  day  of  May,  1861,  shall  be  depriA'ed  of  a  homestead  by 
operation  of  this  ordinance,  where  they  made  the  location  pre- 
vious to  the  passage  of  this  ordinance." 

Upon  which  amendment  Mr.  Clingman  called  for  the  yeas 
and  nays,  which  call  being  sustained,  was  ordered,  and  had 
with  the  following  result: 

Yeas — Messrs.  Adams  of  Izard,  Batson,  Bush,  Campbell, 
Carrigan,  Clingman,  Cypert,  Cochran,  Desha,  Dinsmore,  Dod- 
Bon,  Dollarhide,  Fishback,  Flanagin,  Floyd,  Fort,  Gould,  Grif- 
fith, Hanly,  Hawkins  of  Ashley,  Hill,  Hilliard,  Hobbs,  Jester, 
Johnson,  Kelly,  Kennard,  Mayo,  Murphy,  Patterson  of  Jackson, 
Patterson  of  \^an  Buren,  Ha},  Rhodes,  Robinson,  Shelton, 
Smith,  Smoote,  Spivey,  Stallings,  Stout,  Tatum,  Totten  of  Ar- 
kansas, Turner,  Walker,  Wallace  Yell  and  Mr.  President — 48. 

Nays — Messrs.  Austin,  Bolinger,  Crenshaw,  Slemons  aifd 
Stillwell— 5. 

Mr.  Gould  being  in  the  chair,  presented  the  following  dis- 
patch from  the  Hon.  T.  C.  Hindman. 

[By  telegraph  from  Helena.] 

27x11  May,  1861. 

To  the  President  and  Members  of  the  Convtntian — 

I  have  waited  patiently  for  an  answer.  It  is  important 
I  should  hear  from  you.  Have  just  received  a  dispatch  from 
secretary  of  war,  ordering  my  regiment  to  Fort  Smith.  Will 
you  aid  as  requested — answer  immedidtely.  Will  you  author- 
ize !?tate  troops,  accepted  but  not  sworn  in,  to  volunteer  for  my 
regiment? 

T.  C.  HINDMAN. 

Which,  on  motion  of  Mr.  Smith,  was  referred  to  the  military 
board. 

Mr.  Kennard  moved  to  amend  the  3d  section  of  the  ordinance 

by  inserting  alter  the  word  "  Arkansas,"   in  the  6th  line,  the 

following  proviso: 

Provided,  That  such  warrants  may  only  be  located  by  citi- 
zens of  this  state. 

Which  was  adopted. 

Mr.  Cypert  moved  to  amend  as  follows: 

Strike  out  after  word  "  all,"  in  first  line,  the  word  "  the,"  and 
insert  "  locations  of."     Strike  out  the  word  "  located,"  in  the 


THE    CONVENTION.  359 

iirst  line,  and  insert  the  word  "  made,"  and  strike  out  the  words 
"  by  any  register  of  the  land  ofiice.'" 

Which  was  adopted. 

Mr.   Flanagin   oiTered"  the   following  as  a  substitute  for  the 

entire  section: 

Be  it  further  ordained,  That  no  land  warrant  shall  hereafter 
be  located  on  anj^  of  the  lands  of  this  state,  except  land  war- 
rants issued  to  citizens  of  Arkansas,  their  widows  or  children; 
or  to  soldiers  or  volunteers,  who  were  from  this  state,  their 
widows  or  children:  and  all  entries  made  by  land  warrants, 
since  the  (Uh  day  of  May,  A.  D.  J8G1,  by  non-residents,  or  for 
speculation,  are  hereby  declared  void. 

Which  was  adopted. 

The  4th  section  was  then  read. 

Mr.  Austin  offered  to  amend  by  inserting  the  words  "  not  less 
than,"  after  the  word  "  at,"  in  the  3d  line. 

Mr.  Flanagin  offered  the  following  as  a  substitute   for  the 

amendment: 

"  At  the  prices  now  fixed  by  law  as  to  lands  not  included  in 
said  reservation,"  and  strike  out  the  words  "  one  dollar  and 
twenty-five  cents  per  acre." 

Which  was  not  adopted. 

Mr.  Patterson  of  Jackson  offered  the  following  amendment 

to  the  amendment  of  Mr.  Austin: 

Provided,  however,  That  the  register  and  receiver  of  the 
several  land  districts  in  the  State  of  Arkansas  shall  first  give 
notice  to  offer  such  lands  to  the  highest  bidder,  before  they  are 
allowed  to  be  purchased  at  private  sale;  which  may  be  given 
under  the  instructions  of  the  auditor  of  this  state. 

Mr.  Fishback  proposed  to  add  to  the  amendment,  the  words 
"  at  least  GO  days  before  sale,  and  actual  settlers  shall  have 
their  land  at  one  dollar  and  twenty-five  cents  per  acre,  by  mak- 
ing proof  of  the  same  on  or  before  the  day  of  sale,  fornot  more 
than  one  hundred  and  sixty  acres." 

Which  was  also  adopted,  and  the  amendment,  as  amended, 
was  adopted. 

Mr.  Desha  moved  to  amend  by  inserting  in  the  10th  line  of 
section  4,  between  the  words  "  sold  "  and  "  for,"  the  following 
words.  "  to  the  highest  bidder;"  which  was  adopted. 


360  JOURNAL    OF 


Mr.  Desha  moved  to  amend  by  inserting  between  the  words 
"  less"   and  "  and,"  in  11th  line,  the  following  proviso: 

Provided,  Jioiaevcr,  They  shall  not  be  offered  at  a  less  price 
than  one  dollar  and  twenty-five  cents  per  acre. 

Mr.  Stout  moved  to  amend  the  proposed  amendment  by 
striking  out  "  one  dollar  and  twenty-five  cents,"  and  inserting 
in  lieu  thereof  "  five  dollars." 

jMr.  Lanier  moved  to  lay  the  amendment  on  the  table;  which 
was  lost. 

Iilr.  Lanier  then  proposed  to  amend  by  striking  out,  in  12lh 
line,  the  words  "  one  dollar  and  twenty-five  cents,"  and  insert- 
ing "  five  dollars,"  in  lieu  thereof. 

After  some  discussion,  Mr.  Stout  withdrew  his  proposed 
amendment  to  the  amendment,  and  Mr.  Lanier  withdrew  the 
amendment  ofTered  by  him;  when 

Mr.  Desha  offered  the  following,  in  adddition  to  amendment 
offered  by  him  and  then  pending: 

After  the  word  "unsold,"  in  the  11th  line,  strike  out  the 
words  "  shall  be  subject  to  private  entry  or  sale  at  one  dollar 
and  twenty-five  cents  per  acre  after  the  day  of  sale,"  and  insert 
in  lieu  thereof  the  words  "  after  the  expiration  of  twelve 
months  from  the  day  of  sale,  shall  be  subject  to  private  entry 
or  sale  at  $5  per  acre;  and  at  the  expiration  of  two  years  from 
the  day  of  sale,  shall  be  subject  to  private  entry  or  sale  at 
$2  50   per  acre." 

Which  was  adopted,  and  the  amendment,  as  amended,  also 
adopted. 

Mr.  Stirman  moved  to  amend  by  adding — 

"  But  the  lands  heretofore  reserved  by  the  United  States 
government  for  the  use  and  benefit  of  Fort  Wayne,  in  Benton 
county,  shall  be  offered  at  public  sale,  in  the  usual  manner,  by 
the  register  and  receiver  of  the  land  office  at  Huntsville,  on  the 
first  Monday  in  August  next — giving  public  notice,  of  at  least 
sixty  days  before  the  day  of  sale;  Provided,  That  such  lands 
shall  not  be  sold  for  less  than  one  dollar  and  twenty-five  cents 
per  acre;  except  so  much  of  these  lands  as  may,  in  the  opinion 
of  the  military  authorities  in  that  division  of  the  army,  be 
necessary  for  such  military  post  or  encampment,  not  exceeding 
eighty  acres." 


THE    CONVENTION.  361 


Which  was  adopted. 

The  section,  as  amended,  was  then  adopted. 

j\Ir.  Johnson,  on  leave,  presented  the  following  dispatch  and 
resolution: 

Pine  Bluff,  27th,  18G1. 
Hon.  B.  C.  Totten: 

The  guard  at  this  place  took  the  steamer  "  Key  West;" 
she  is  owned  in  the  North;  she  is  a  good  transport  boat;  she  is 
tendered  to  your  board  for  war  purposes.  I  will  send  iier  to 
Little  Rock,  if  you  order.     Answer  at  once. 

W.  P.  GRACE. 

Resolved,  That  the  military  board  be  authorized  to  order  the 
Key  West,  taken  by  the  guard  at  Pine  Bluff,  to  Little  Rock,  if 
they  think  proper. 

Which  was  adopted. 

iMr.  Stillwell,  on  leave,  presented 

ORDINANCE  No.  64. 

An  Okdinance  io  authorize  the  county  court  of  Pulaski  county  to 
make  ajrpropriation  to  j)urchase  /torses. 

Section  1.  Bd  it  ordained  by  the  people  of  the  Stale  of  Arkansa.!^ 
in  convention  assembled,  That  the  county  court  of  Pulaski  county 
shall  have  power  to  appropriate  a  sufficient  sum  of  mone}'  out 
of  the  treasury  of  said  county,  to  aid  in  purchasing  horses,  to 
mount  a  company  designed  for  the  service  of  the  Confederate 
States. 

Sec.  2.  Be  it  further  ordained,  That  if  there  should  not  be 
sufficient  money  in  the  treasury,  said  county  court  may  issue 
county  scrip  for  the  purpose  aforesaid. 

Which  was  adopted. 

Mr.  Cyjert,  on  leave,  presented  the  following 

RESOLUTION: 

Resolved,  That  the  officer  in  charge  of  the  provision  stores  at 
the  arsenal,  in  Little  Rock,  be,  and  he  is,  hereby  directed  to 
issue  provisions  to  Col.  Churchill,  for  the  sustenance  of  his 
regiment,  now  rendezvoused  at  this  place,  and  take  his  receipt 
for  the  same,  and  charge  them  to  the  account  of  the  Confede- 
rate States  of  America. 

Which  was  adopted. 


362  .  JOURNAL    OF 


On  motion  of  iVJr.  Hill,  the   convention  took  a  recess  until 
v3  o'clock,  p.  m. 


3  o'clock,  p.  m. 
Convention  met. 
Roil  called. 

present: 

Messrs.  Adams  of  Izard,  Baber,  Batson,  Bolinger,  Bush, 
Campbell,  Carrigan,  Clingman,  Crenshaw,  Cryer,  Cypert,  Coch- 
ran, Desha,  Dinsmore,  Dodson,  Dollarhide,  Flanagin,  Floyd, 
Fort,  Gould,  Griffith,  Hawkins  of  Ashley,  Hill,  Hilliard,  Hobbs, 
Jester,  Johnson,  Kelley,  Lanier,  Mayo,  Murphy,  Parks,  Patter- 
son of  Van  Buren,  Ray,  Rhodes,  Robinson,  Shelton,  Slemons, 
Smith,  Spivey,  Stallings,  Stillwell,  Stirman,  Tatum,  Turner, 
Walker,  Wallace,  Yell  and  Mr.  President — 50. 

Consideration  of  ordinance  No.  GO  was  then  resumed. 

The  5th  section  was  read. 

I>lr.  Robinson  moved  to  strike  out  the  word  "  and,"  in  the 
1st  line,  and  insert  in  lieu  thereof  the  word  "or;"  which  was 
adopted. 

Mr.  Dollarhide  moved  to  amend  by  striking  out  of  line  7  the 
following:  ^ 

"  Before  any  of  said  lands  were  located  as  swamp  land." 
Which  was  adopted. 

Mr.  Flanagin  moved  to  amend  by  adding  to  the  section  the 
following  phrase: 

"  This  section  shall  not  prejudice  the  legal  or  equitable  rights 
of  any  person  or  corporations  who  has  acquired  such  rights 
under  laws  now  or  heretofore  in  existence." 

Mr.  Turner  oflered,  as  a  substitute  for  the  proposed  amend- 
ment, the  following: 


THE    CONYENTIOX.  363 

After  the  word  "  same,"'  in  the  Sth  line  of  5th  section,  anieiid 
by  inserting  the  following — 

'*  And  except  such  tracts  of  said  lands  as  may  have  been 
confirmed  to  this  state  under  any  of  the  grants  of  land  made 
to  the  State  of  Arkansas  by  the  United  States,  lor  railroad 
])urposes." 

Which,  after  some  discussion,  was  withdrawn. 

Mr.  Flanagin's  amendment  was  then  adopted. 

Mr.  Stillwell  moved  to  amend  by  inserting  after  the  word 

"  same,"  in  the  Sth  line: 

*'  And  the  auditor  shall  issue  patents  to  the  holders  of  certifi- 
cates of  entry  of  such  unconfirmed  lands,  upon  such  holders 
filing  their  certilicates  in  the  oillce  of  the  auditor  of  public  ac- 
counts." 

Which  was  adopted. 

IMr.  Gould  moved  to  amend  by  adding  after  the  word  'Estate" 
in  the  10th  line:  "  and  no  further  selections  of  swamp  lands 
shall  be  made." 

Which  was  adopted;  and  the  section,  as  amended,  was 
adopted. 

The  Gth  section  was  then  read. 

Mr.  Hawkins  of  Ashle}',  moved  to  amend  by  striking  out  the 
words  "  patents  "  and  "  remaining,"  and  insert  '•  thereafter." 

Which  was  adopted. 

Mr.  Turner  moved  to  amend  by  inserting  after  the  word 
"  purchase,"  in  the  4th  line: 

"  And  if  such  certificate  be  lost,  then  upon  satifactory  evi- 
dence of  such  loss." 

Which  was  adopted. 

Mr.  Batson  moved  to  amend  by  adding  after  the  word  "with," 

the  following: 

"  Upon  complying  with  the  prerequisites  heretofore  required 
by  the  laws  of  the  United  States,  and  instructions  of  commis- 
sioner of  general  land  office." 

W'hich  was  withdrawn,  and  the  section,  as  amended,  was 
adopted. 

Mr.  Stillwell  offered  the  following  as  an  additional  section: 


364  JOURNAL    OF 


Sec.  6.  Be  it  further  ordained,  That  it  shall  be  the  duty  of 
the  auditor,  at  the  end  of  every  three  months  after  the  adoption 
of  this  ordinance,  to  transmit  to  the  swamp  land  agents  lists  of 
unconfirmed  lands  patented  in  their  respective  districts,  and  it 
shall  be  the  duty  of  the  land  agents  to  correct  their  plats  by 
noting  the  entries  which  do  not  appear  on  said  plats,  so  as  to 
conform  to  such  lists. 

Which  was  adopted. 

Mr.  Floyd  offered  the  fo'lowing  as  two  additional  tections: 

Sec.  10.  Be  it  fiirthtr  ordained,  That  all  suspended  entries  in 
the  several  land  offices  shall  be  forthwith  corrected  by  the 
register  of  the  land  office  in  pursuance  of  the  instructions  here- 
tofore received  from  the  commissioner  of  the  general  land  office 
at  the  city  of  Washington,  and  according  to  the  right  of  the 
same  by  reconciling  all  seeming  errors  and  conflicts,  and,  at 
the  same  time  guarding  well  the  rights  of  all  parties,  in  ac- 
cordance Math  the  spirit  and  letter  of  the  law  governing  such 
cases;  and  said  registers  shall  make  quarterly  reports  of  the 
same  to  the  auditor  for  his  approval,  who  is  required  to  super- 
vise the  same,  and  should  there  exist  any  discrepancies  or 
errors,  to  send  the  same  back  to  the  register  for  further  correc- 
tions, and  the  register  shall  issue  corrected  certificates  for  all 
errors  by  him  reconciled,  upon  which  certificates,  deeds  shall 
be  made. 

Sec.  Be  it  further  ordained,  That  the  auditor  shall  adjust  all 
accounts  of  registers  and  receivers  for  salaries  that  may 
be  now  due,  and  draw  his  warrant  on  the  treasury  lor  the 
amount  due  to  each;  to  be  paid  out  of  the  land  funds  paid  by 
the  receivers  of  public  moneys  into  the  state  treasury,  and  a 
sufficient  sum  is  hereby  appropriated  for  that  purpose. 

Which  were  adopted. 
The  7th  section  was  then  read. 

Mr.  Hawkins  of  Ashley,  moved  to  amend  by  striking  out  all 
after  the  word  '•  if"  to  "  it,"  in  2d  line,  which  prevailed. 

Mr.  Batson  offered  the  following  as  a  substitute  for  sisction  as 
amended: 

Be  it  further  ordained,  That  the  auditor  shall,  so  far  as 
applicable,  have  the  same  general  powers,  with  authority  to 
issue  instructions  to  registers  and  receivers,  as  ihe  commissioner 
of  the  general  land  office  of  the  United  States  formerly  had, 
and  shall,  if  he  thinks  the  public  interest  demands  it,  appoint 
some  competent  person  to  examine  the  books  and  accounts  of 
any  or  all  of  the  said  land  offices,  and  to  report  the  condition 
thereof,  and  the  expenses  of  such  examination  shall   be  paid 


THE    CONVENTION.  365 


out  of  any  funds  arising  from  the  sale  of  lands,  not  otherwise 
appropriated. 

Which  was  adopted. 

Section  8  was  read  and  adopted. 

IMr.  Patterson,  of  Jackson,  moved  to  amend  by  striking  out 
all  after  the  word  "  same,"  in  the  5th  line,  which  was  adopted; 
and  the  section  as  amended  was  adapted. 

Sections  10  and  11  were  then  read  and  adopted. 

Section  12  was  read. 

Mr.  Dollarhide  moved  to  amend  by  inserting  the  word  "have"' 
after  the  word  "  or,"  in  the  2d  line. 

Which  was  adopted. 

Mr.  Floyd  moved  to  amend  by  inserting  the  words  "  seal  of 
the  "  before  the  word  "  auditor,"  in  the  9th  line,  by  inserting 
the  words  "  the  same  is,"  before  the  word  "  further,"  in  the  10th 
line,  and  by  inserting  the  words  "  the  same,"  after  the  words 
"  issued  for,"  in  the  12th  line — all  of  which  were  severally 
adopted,  and  the  section  as  amended  was  adopted. 

Section  13  and  14,  were  then  read  and  adopted. 

Section  15  was  then  road. 

Mr.  Floyd  offered  the  following  substitute  for  section  15,  and 
the  remaining  sections  of  the  ordinance: 

Be  it  further  ordained,  That  all  pre-emptors  on  anj''  of  the 
swamp  lands,  within  this  state,  who  are  entitled  to  the  benefits 
of  the  existing  laws  securing  to  them  a  pre-emption  right  shall, 
on  or  before  the  first  day  of  any  land  sale  that  is  to  be  made 
hereafter  by  any  swamp  land  agent,  make  their  proof  of 
their  right  to  the  benefit  of  a  pre-emption  right  under  existing 
laws,  and  shall  not  be  required  to  pay  the  cash  for  the  same  at 
the  time.  But  they  shall  be,  and  they  are  hereby  required  to 
make  the  full  payment  for  the  same  on  or  before  the  first  day 
of  January,  A.  I).  1803,  and  upon  failure  of  such  payment  be- 
ing made,  all  imch  pre-emption  rights  shall  cease  and  be  void. 
Ant*  ail  such  pre-emptors  shall  be  fully  authorized  to  assign 
their  rights  to  the  pre-emption,  after  they  have  proved  up  the 
same,  and  the  autrhorities  of  the  state  are  hereby  required  to 
issue  certificates  and  patent  deeds  to  the  assignee  upon  full 
payment  being  made  in  the  same  manner  as  to  the  original 
pre-emptor.  And  should  any  pre-emptor  depart  this  life  before 
he  or  they  shall  have  complied  with  the  requirements  of  this 
ordinance,  to  make  payment;  that  it  shall  be  law-ful  for  his 


366  JOURNAL    OF 


widow  or  legal  representatives  of  such  pre-emptor  to  make  the 
payment  by  the  time  herein  designated;  then  the  authorities  of 
this  state  shall  execute  the  proper  certificates  and  patents  to 
such  persons  who  have  made  the  payment  of  the  same,  and 
the  land  agent  shall  issue  a  certificate  to  the  pre-emptor,  stat- 
ing the  fact  that  they  have  made  the  proof  required  by  law. 

Be  it  further  ordained,  That  any  pre-emptor  may  claim  his 
pre-emption  on  any  of  the  swamp  lands  that  has  been  located 
as  such,  by  making  their  proof,  as  is  now  required  by  existing 
laws,  whether  the  same  be  advertised  for  sale  or  not. 

Which,  after  discussion,  was  withdrawn. 
Mr.  Flanagin   moved  to  strike  out  the   section  and  insert  iu 
lieu  thereof  the  following  four  sections: 

Sec.  10.  Be  it  fiuihcr  ordained,  That  no  public  sale  of 
swamp  lands  shall  be  made  before  the  first  day  of  October, 
A.  D.  lSt51. 

Sec.  20.  Be  it  further  ordained.  That  where  proof  of  pre- 
em.ption  rights  have  not  been  made,  pre-einptors  on  swamp 
lands  shall  make  proof  on  or  before  the  day  of  public  sale,  and 
upon  satisfactory  proof  being  made,  the  state  land  agent  shall 
give  his  certificate,  which  shall  state  that  the  pre-emptor  has 
proven  a  pre-emption  to  the  tract  of  land  therein  mentioned, 
which  certificate  may  be  transferred  by  assignment,  indorsed 
thereon,  signed,  sealed  and  acknowledged  by  the  as.signor. 

Sec.  2\.  Be,  it  further  ordained.  That  pre-emptors,  their  heirs, 
executors,  administrators  and  assigns,  may  make  payment  for 
such  lands  on  or  before  the  first  day  of  January,  A.  D.  18G3. 

Sec.  22.  Be  it  further  ordained,  That  in  case  of  a  claimant 
of  a  pre-emption  being  in  the  military  service  of  this  state  or 
the  Confederate  States,  the  proof  may  be  made  by  others  than 
the  pre-emptor. 

Which  were  adopted. 

Mr.  Wallace  offered  the  following,  as  an  additional  section: 

Be  it  further  ordained,  That  the  St-ate  of  Arkansas  shall 
hold  in  trust,  for  the  class  of  persons  hereafter  mentioned  ia 
this  section,  a  sufHcient  amount  of  the  moneys  which  may  arise 
from  the  sale  of  the  public  lands  specified  in  this  section  to*be 
appropriated  by  the  state  legislature,  after  the  restoration  of 
peace,  for  the  purpose  of  refunding  to  all  citizens  of  the  State 
of  Arkansas,  the  amount  of  money  which  any  such  citizen  may 
have  overpaid  the  United  States,  for  lands  by  him  entered  in 
this  state,  under  the  graduation  law  of  the  United  States,  of  the 
4th  of  March,  A.  D.  1854;  but  no  such  claim  shall  be  paid  out 
of  an}^  appropriation  for  that  purpose  made,  until  the  same 
shall  have  been  ascertained  and  authenticated  in  a  manner  to 


THE    CONVENTION.  3G7 


be  hereafter  prescribed  by  ordinance  of  this  convention  or  by 
the  state  legislature. 

Which  was  adopted. 

The  l(')th  section  was  then  read. 

Mr.  Hawkins,  ot'  Ashley,  moved  to  amend  by  inserting  after 
the  word  "  state,"  in  the  2d  line,  the  words  "  not  inconsistent 
with  this  ordinance." 

Which  was  adopted. 

The  section  as  amended  was  then  adopted. 

The  17th  section  was  read. 

Mr.  Hawkins  offered  the  following  as  a  substitute. 

Be  it  further  ordained,  That  this  ordinance  may  be  altered  or 
amended  at- any  regular  session  of  the  General  Assembly  of 
this  state. 

Which  was  adopted. 

The  ordinance  as  amended,  was  then  adopted. 

Mr.  Tottcn  of  Arkansas,  moved  that  the  committee  proceed 
to  the  election  of  a  register  for  the  Clarksville  land  district, 
under  the  provisions  of  the  ordinance  just  adopted. 

Which  motion  did  not  prevail. 

On  motion  of  Mr.  Smith,  the  convention  adjourned  until 
to-morrow  morning  9  o'clock. 

THOMAS  B.  IIANLY, 

President,  pro  tcm. 


TuESD.AY,  lMay2SI/i,  18G1. 
Convention  met. 

Roll  called. 

present: 

Messrs.  Adams  of  Izard,  Adams  of  Phillips,  Austin,  Baber, 
Batson,  Bolinger,  Bush,  Bussey,  Campbell,  Carrigan,  Clingman, 


368  JOURNAL    OF 


Crenshaw,  Cryer,  Cypert,  Cochran,  Desha,  Dinsmore,  Dod- 
son,  Dollarhide,  Fishback,  Flanagin,  Floyd,  Gould,  Griffith, 
Hanly,  Hawkins  of  Ashley,  Hawkins  of  Sevier,  Hiliiard,  Hobbs, 
Hobson,  Jester,  Johnson,  Kelley,  Kennard,  Lanier,  Mayo, 
Murphy,  Parks,  Patterson  of  Van  Buren,  Ray,  Rhodes,  Robin- 
son, Shelton,  Siemens,  Smith,  Smoote,  Spivey,  Stillwell,  Stir- 
man,  Stout,  Tatum,  Totten  of  Arkansas,  Totten  of  Prairie, 
Turner,  Wallace,  Yell  and  Mr.  President — 56. 

The  reading  of  the  journal  of  yesterday  was  dispensed  with. 

Mr.  Yell,  from  the  committee  on  military  affairs,  made  the 
following 

REPORT: 

Mr.  President — 

The  committee  on  military  affairs,  to  whom  was  referred 
the  message  of  the  govei-nor  and  the  accompanying  documents, 
and  the  report  of  Gen.  James  Yell,  and  all  the  accom- 
panying documents,  have  examined  the  same,  and  are  of 
opinion  that  they  ought  all  to  be  referred  to  the  military  board, 
with  the  request  that  they  have  them  all  recorded  in  a  book  to 
be  kept  for  the  record  of  all  such  papers  and  reports.  All  of 
which  is  respectfully  submitted,  and  the  committee  beg  to  be 
discharged  from  further  consideration  thereof. 

YELL,  Chairman. 

Which  was  read  and  adopted. 

On  motion  of  Mr.  Johnson,  the  convention  went  into  secret 
session. 

Mr.  Hawkins,  of  Ashley,  offered  the  following 

RESOLUTION: 

Resolved,  That  no  member  of  this  convention  be  permitted  to 
speak  for  a  longer  time  than  five  minutes  on  any  proposition 
which  shall  come  up  for  discussion. 

Which  laid  over  under  the  rule. 

Mr.  Smoote,  from  the  committee  on  ways  and  means,  made 

the  following 

REPORT: 

Mr.    PRESmENT 

The  standing  committee  on  ways  and  means,  to  whom 


THE    CONVENTION.  369 


wa=?  recommitted  ordinance  No.  55^,  entitled  "  an  ordinance  to 
provide  revenue  for  the  State  of  Arkansas,  with  proposed 
amendments  to  the  first  section  thereof,  have  had  the  same 
under  consideration  and  have  instructed  me  to  report  the  same 
back,  and  recommend  its  adoption  with  the  accompanying 
amendment,  b}-  way  of  addition  to  the  first  section,  and  recom- 
mended the  rejection  of  the  other  proposed  amendment. 
All  of  which  is  respectfully  submitted. 

STALLIXGS,  Chairman. 

Which  was  read  and  received — and  the  following  amend- 
ment, recommended  by  the  committee  was  read: 

"  A'^d  provided  further,  That  an  account  shall  be  kept  of  the 
receipts  into  the  treasury  from  each  swamp  land  district,  for  the 
purpose  of  future  adjustment  with  said  districts,  and  that  in  all 
cases  where  the  state  has  set  apart  or  invested  lands  for  any 
such  purpose,  for  railroads,  reclamation,  or  any  purpose  of 
internal  improvement,  the  proceeds  arising  from  the  sale  of 
said  lands,  as  contemplated  b}'  this  ordinance,  shall  constitute 
a  trust  fund,  subject  to  be  appropriated  by  the  General  Assem- 
bly for  such  purpose  ai»d  object,  whenever  peace  may  be  re- 
stored; and  to  that  end  the  state  will  account  for  the  same  with 
six  per  cent,  interest  thereon,  to  be  computed  on  the  respective 
amounts  received  into  the  treasury,  down  to  the  close  of  each 
fiscal  year." 

Mr.  Jester  offered  the  following 

RESOLUTION: 

Resoli-ed,  That  the  military  board  may  authorize  any  cap- 
tain who  has  a  company  ready  for  active  miiitai-y  service  to 
negotiate  a  loan  of  an}'  sum  of  money  not  exceeding  the  sum 
of  one  thousand  dollars,  for  the  use  of  such  company,  and  to 
pledge  the  faith  of  the  state  for  the  repayment  thereof,  with 
interest,  and  such  captain  shall  make  report  to  the  military 
board  of  any  such  loan  negotiated  by  him,  and  shall  be  held 
li  ible  for  the  proper  appropriation  of  such  money. 

Which  resolution  was  not  adopted.  ^ 

Mr.  President  presented  a  communication  front  Elia.s  Rector, 
superintendent  of  Indian  affairs,  conccrning^he  Choctaw  and 
Chickasaw  Indians,  which  was  read  and  referred  to  the  mili- 
tary board. 

Ordinance  No.  55^,  was  then  taken  up.  ' 


24 


370  JOURNAL    OF 


Mr.  Hobson  moved  to  amend  by  inserting  after  the  word 
"  swamp  landsj"  in  the  third  line  of  Ist  section: 

"  Except  moneys  received  or  to  be  received  from  the  Cham- 
pagnolle  and  Clarlisville  swamp  land  districts,  which  shall  re- 
main as  now  provided  for  by  law. 

Mr.  Gould  moved  to  lay  the  amendment  on  the  table. 

On  which  motion  Mr.  Hobson  called  for  the  yeas  and  nays; 
which  was  sustained,  ordered  and  had  with  the  following' result: 

Yeas — Messsrs.  Adams  of  Izard,  Batson,  Bolinger,  Bush, 
Bussey,  Clingman,  Crensha\y,  Cryer,  Cochran,  Dollarhide, 
Flanagin,  Floyd,  Gould,  Hanly,  Hawkins  of  Ashley,  Hill,  Hil- 
liard,  Hobbs,  Jester,  Johnson,  Kennard,  Lanier,  Mayo,  Pat- 
terson of  Jackson,  Ray,  Rhodes,  Robinson,  Shelton,  Smoote, 
Spivey,  Stallings,  Stirmin,  Stout,  Tatum,  Totten  of  Arkansas, 
Wallace  and  Watkins — 38. 

Nays — Messrs.  Austin,  Baber,  Campbell,  Carrigan,  Cypert, 
Desha,  Dinsmore,  Dodson,  Fishback,  Fort,  Griffith,  Hobson, 
Kelley,  Murphy,  Parks,  Patterson  of  Van  Buren,  Slemons, 
Smith,  Stillwell,  Turner  Walker,  Yell  and  Mr.  Presideat— 23. 

So  the  amendment  was  laid  on  the  table. 

Mr.  Gould  moved  to  adopt  the  amendment  reported  by  the' 
committee,  which  was  accordingly  adopted. 

Mr.  Johnson  moved  to  amend  by  adding  after  the  word  "  of" 
in  she  2d  line  of  section  2,  the  words  "  five,  ten,  twenty,  and 
fifty;"  which  was  adopted. 

Also,  by  adding  at  the  end  of  the  section,  the  following: 

Provided,  That  the  military  board  have  power  to  draw  either 
for  gold  or  bonds,  at  their  option,  and  that  it  shall  be  the  duty 
of  the  treasurer  to  pay  accordingly. 

Mr.  Flanagin  offered  the  following  as  a  substitute  for  the 
proposed^mendment: 

ProviWd,  The  military  board  shall  have  powet  to  direct  the 
auditor,  in  all  cases,  to  draw  warrants  for  specie,  or  bonds,  as 
they  may  see  proper. 

Which  was  adopted. 

Mr.  Floyd  offered  the  following  as  a  substitute  for  the  section 
as  amended,  and  also  for  the  remainder  of  the  sections  from 
section  2: 


THE    COXVEXTION.  371 


Be  it  ordained  furlker,  That  a  state  tax,  for  the  year  1862, 
shall  be  levied  on  all  the  object  of  taxation,  as  is  now  provided 
by  law,  amounting  to  one-fourth  of  one  per  cent,  on  the  assessed 
value  of  the  same,  for  said  year-  and  the  clerks  of  the  several 
counties  in  this  state  are  hereby  required,  on  or  before  the  first 
day  of  August  next,  to  prepare  and  deliver  to  the  sheriffs  of 
each  county;  a  supplemental  tax  book,  charging  on  all  the  ob- 
jects of  taxation,  the  sum  cf  eight  and  one-third  cents,  and  the 
auditor  of  public  accounts  shall  immediately  direct  the  clerks 
of  the  several  counties  to  perform  the  duties  herein  requfred; 
and  the  clerk,  as  aforesaid,  shall  take  of  the  sheriff  a  refceipt 
for  the  tax  book,  and  the  amount  therein  contained,  and  trans- 
mit the  same  to  the  auditor  of  public  accounts,  who  shall  charge 
the  amount  on  his  books  to  the  several  sheriffs  respectively,  for 
the  year  1861. 

Br  it  further  ordained,  That  when  there  is  not  suflicient  par 
funds  in  the  state  treasury,  to  pay  any  warrant  drawn  by  the 
auditor  on  the  same,  then  it  shall  be  the  duty  of  the  treasurer 
of  state,  who  shall  have  pre;iared  a  sufficient  quantitj'  of  scrip, 
the  same  to  be  used  in  paying  ofi^  any  auditor's  warrant.  Said 
scrip  shall  be  made  payable  to  the  auditor  of  state,  or  bearer. 
The  said  scrip  shall  draw  interest  at  the  rate  of  six  per  cent, 
from  the  day  of  its  delivery,  and  shall  be  receivable  for  all 
taxes  and  revenue  due  the  state,  and  shall  also  be  receivable 
for  lands  owned  by  the  state,  at  the  several  land  offices:  and 
all  the  lands  belonging  to  the  State  of  Arkansas  is  hereby 
pledged  for  the  redemption  of  all  of  said  scrip,  to  be  issued,  or 
that  shall  be  issued  under  t4ie  provisions  of  this  ordinance.  The 
treasurer  shall  keep  a  registry,  in  a  well  bound  book,  of  all 
warrants  issued  by  him,  and  shall  issue  them  in  such  form,  and 
with  such  devices  as  may  be  best  calculated  to  prevent  forgery 
and  frauds  upon  tlie  treasury,  which  warrants  shall  be  properly 
dated  and  numbered,  showing  clearly  the  date  of  its  delivery, 
for  the  purpose  of  computing  the  interest  due  on  the  same  to 
it's  cancellation.  That  on  the  day  of  the  reception  of  any  of 
said  scrip,  by  any  collector  of  the  revenue,  or  by  any  receiver 
at  any  of  the  land  offices,  they  are  hereby  required  to  cancel 
the  same,  by  writing  across  the  face  of  the  scrip  the  word 
"cancelled,"  and  date  the  same  with  the  calculation  of  the 
interest  paid  on  the  same  to  date,  and  should  any  collector  of 
revenue,  or  any  receiver  at  any  land  office,  wilfully  refuse  to  can- 
cel any  scrip,  by  them  received,  they  shall  be  deemed  to  be  guilty 
of  a  high  misdemeanor,  and  upon  conviction,  shall  be  fined  in 
any  sum  not  exceeding  five  hundred  dollars,  and  maybe  impri- 
soned, not  exceeding  three  months,  in  the  common  jail  of  the 
county;  and  shall  any  person  be  found  guilty  of  forgery,  by 
making,  altering,  or  delivery  of  any  false  representation  of  any 
of  the  scrip  herein  provided  for,  or  by  altering,  in  any  manner, 


372  JOURNAL    OF 


any  of  said  scrip,  with  the  intention  of  defrauding  any  person, 
or  to  attempt  thereby  to  defraud  the  State  of  Arkansas,  shall 
be  guilty  of  a  felon}',  and  upon  conviction,  shall  be  imprisoned 
in  the  jail  and  penitentiary  house  of  this  state,  not  exceeding 
five  years,  nor  less  than  two  years. 

Mr.  Tatum  moved  to  lay  the  substitute  on  the  table. 

On  which  Mr.  Floyd  called  for  the  yeas  and  nays,  which  call 
being  sustained,  was  ordered  and  had,  with  the  following 
result: 

Yeas — Messrs.  Adams  of  Izard,  Austin,  Baber,  Bolinger,  Bus- 
sey,  Campbell,  Clingman,  Crenshaw,  Desha,  Dollarhide,  Flana- 
gin,  Fort,-  Gould,  Hanly,  Hawldns  of  Ashley,  Hill,  Hilliard, 
Hobbs,  Hobson,  Jester,  Kelley,  Kennard,''Lanier,  Mayo,  Parks, 
Patterson  of  Van  Buren,  Ray,  Rhodes,  Siemens,  Smith,  Smoote, 
Spivey,  Stallings,  Stillwell,  Stirman,  Stout,  Tatum,  Totten  of 
Arkansas,  Walker,  Wallace  Watkins,  Yell  and  Mr.  President 
—  13. 

Nays — Messrs.  Batson,Bush,  Cypert,  Cochran,  Dodson,  Fish- 
back,  Floyd,  Griffith,  Johnson,  Robinson,  Shelton  and  Turner 
—11. 

]Mr.  Cryer  asked  to  be  and  was  excused  from  voting. 

So  the  substitute  was  lost. 

Mr.  Lanier  moved  to  amend  by  striking  out  the  words  "  one 
million,"  and  inserting  "  two  millions,"  in  the  2d  line  of  3d  sec- 
tion; which  was  adopted. 

The  section,  as  amended,  was  adopted. 

Section  2  was  read. 

]\Ir.  Stout  moved  to  amend  by  adding  to  the  end  of  such  sec- 
tion: 

"  And  there  shall  also  be  levied  an  additional  tax  of  fifteen 
dollars  on  each  negro  slave  over  five,  and  under  fifty  years  of 
age." 

Mr.  Totten,  of  Arkansas,  moved  to  lay  the  amendment  on 
the  table. 

On  which  Mr.  Stout  called  for  the  yeas  and  naye,  which  be- 
ing sustained,  ordered  and  had,  with  the  following  result: 

Yeas — Messrs.  Adams  of  Izard,  Batson,  Bussey,  Campbell, 
Carrigan,  Clingman,  Crenshaw,  Cryer,  Cypert,  Cochran,  Desha, 


THE    COXYENTIOX.  373 

Dodson,  Flanagin,  Floyd, Fort,  Ilanly,  Hawkins  of  Ashley,  Hill, 
Ililliard,  Jester,  Johnson  Kennard,  Lanier,  Mayo,  Parks,  Patter- 
son of  "Van  Buren,  Ray,  Rhodes,  Robinson,  Shelton,  Sle.mon?, 
Smith,  Smoote,  Spivey,  Stirman,  Tatum,  Totten  of  Arkansas, 
Walker,  Wallace,  Watklns  and  Yell — 11. 

Nays — Messrs.  Austin,  Baber,  Snlinger,  Bush,  Dinsmore, 
Fishback,  Gould,  Grillith,  llobbs,  Hobson,  Kelley,  Murphy, 
tStallings,  Stillwell,  Stout,  Turner  and  Mr.  President — 17. 

So  the  amendment  was  lost. 

Mr.  Parks  asked  that  his  reasons  be  spread  on  the  journal 
for  voting  in  th'e  affirmative — "  that  although  he  pledged  him- 
self to  give  $50  over  his  tax,  yet  he  was  opposed  to  a  discrim- 
inating tax." 

jMr.  Batson  moved  to  amend  by  adding  to  the  2d  section  the 

following: 

*'  And  it  shall  be  the  duty  of  each  clerk  of  the  county  court 
to  give  his  warrant  to  the  collector  of  his  county,  commanding 
him  to  collect  a  supplemantal  tax  of  one-sixth  of  one  per  cent, 
on  all  the  objects  assessed  for  taxation,  for  state  purposes  for 
the  year  1801,  and  such  collectors  shall  collect  and  account  for 
the  same  in  the  manner  now  required  by  law. 

Mr.  llanly  offered  the  following  as  an  amendment  to  the 
amendment: 

Sec.  — .  Beit  fv.rtlitr  ordained,  That  no  assessor  in  this  state 
shall  receive  for  his  services  as  such,  more  than  the  sum  of  tif- 
teen  hundred  dollars  per  annum,  to  be  paid  him  in  part  out  of 
the  county  treasury,  and  the  residue  out  of  the  state  treasury, 
to  be  apportioned  between  the  states  and  county  in  proportion 
to  the  amount  that  shall  be  coming  to  each. 

Sec.  — .  Be  it  further  ordained.  That  no  collector  in  this  s<ate 
shall  receive  for  his  services  as  such,  more  than  the  sum  of  fif- 
teen hundred  per  annum,  to  be  paid  him  in  part  of  out  of  the 
count}'  treasury,  and  the  residue  out  of  the  state  treasury,  to  be 
apportioned  between  the  state  and  county  in  proportion  to  the 
amount  that  shall  be  coming  to  each. 

Sec.  —  JJe  it  jvrlhcr  ordained,  That  in  counties  where  the 
assessors  and  collectors,  at  the  rate  of  commissions  to  which 
they  are  now  entitled  by  law,  shall  exceed  the  sums  provided 
in  the  two  sections  last  above,  the  assessors  and  collectors  in 
such  counties  shall  receive  no  more  than  the  amounts  specified 
in  said  sections,  and  in  other  counties  where  the  commissions 
now  allewed   assessors  and   collectors,   shall    not  amount   to 


3T4  JOURNAL    OF 


such  sums,  then  such  assessors  and  collectors  shall  only  receive 
the  commissions  now  allowed  by  law. 

Mr.  Stillwell  offered  the  following  as  a  substitute  for  the 
amendment  to  the  amendment: 

Pi-ovidtd,  That  the  assessor.-^  and  collectors  of  revenue  shall 
not  be  allowed  any  compensation  for  assessing  or  collecting  the 
extra  taxes  authorized  to  be  levied  by  this  ordinance. 

Which  was  adopted;  and  the  amendment  of  Mr.  Batson,  as 

amended,  was  also  adopted. 

Mr.  Hanly  offered  the  following  amendment: 

After  the  amendment  of  Mr.  Batson  add: 

"  And  there  shall  also  be  levied  and  collected,  an  income  tax, 
for  the  years  1S61  and  1862,  of  ten  per  cent.,  to  be  paid  in  gold 
and  silver,  on  the  net  income  of  each  and  every  person  subject 
to  taxation,  for  state  or  county  revenue,  such  income  being  the 
amount  thereof  realized,  after  deducting  therefrom  the  neces- 
sary expenses  for  the  production  of  such  income,  and  the  sup- 
port of  such  tax-payer  and  his  family,  and  the  reasonable  and 
probable  amount  thereof  shall  in  every  instance  be  ascertained 
by  the  assessor  upon  the  oath  of  such  tax-payer,  to  be  admin- 
istered by  such  collector,  or  by  other  means;  Provided,  That  in 
each  instance  there  shall  be  granted  by  the  collector  to  the  per- 
son paying  such  tax,  a  certificate  of  the  amount  so  paid,  and 
such  certificates  may  be  convertible  into  the  war  bonds  of  the 
state,  the  issuance  of  which  is  hereby  provided  for;  And  pro- 
vided further,  That  such  tax  shall  be  collected  at  the  time  other 
taxes  are  collected." 

Which  was  read;  and  on  its  adoption,  Mr.  Hanly  called  for 
the  yeas  and  nays,  which  call  being  sustained,  was  ordered  and 
had,  with  the  following  result: 

Yeas — Messrs.  Austin,  Batson,  Bolinger,  Bush,  Bussey,  Camp- 
bell; Carrigan,  Clingman,  Crenshaw,  Cryer,  Cypert,  Cochran, 
Dodson,  Fi-shback,  Flanagin,  Floyd,  Fort,  Gould,  Grace,  Hanly, 
Hill'ard,  Hobbs,  Johnson,  Kennard,  Lanier,  Mayo,  Murphy, 
Parks,  Ray,  Rhodes,  Shelton,  Smith,  Smoote,  Spivey,  Stallings, 
Stillwell,  Stirman,  Stout,  Tatum,  Turner  Walker,  Wallace  and 
Mr.  President — 44. 

Nays — Messrs.  Adams  of  Izard,  Hawkins  of  Ashley,  Jester, 
Kelley,  Patterson  of  Van  Buren,  Robinson,  Siemens  and  Yell 
—8. 

So  the  amendment  was  adopted. 


THE    CONTENTION.  375 


Mr.  C^'pert  moved  to  amend  by  striking  out  "  war  bonds," 
and  insert  '■  military  bonds;"  which  was  lost. 

Mr.  Johnson  moved  to  amend  by  striking  out  the  words  "  or 
by  other  means,"  after  the  word  "  collector,"  in  the  atnendment 
of  Mr.  Hanly,  just  adopted;  which  was  loot. 

Mr.  Smith  moved  to  amend  by  inserting  after  said  words  "or 
by  other  means:" 

'•  And  any  tax-payer  finding  himself  ajxgrievcd  by  the  amount 
so  assessed,  shall  have  the  same  right  of  appeal  to  the  county 
court,  in  the  same  manner  now  prescribed  by  law  in  collecting 
the  ordinary  revenue  of  the  state  " 

Which  was  adopted. 

Section  two,  as  amended,  was  then  adopted. 

Section  three  was  read  and  adopted. 

Section  four  was  read. 

Mr.  Lanier  moved  to  amend  striking  out  "  SO,"  in  the  first 
line,  and  inserting  "  160;"  which  was  adopted. 

Mr.  Smoote  moved  to  amend  by  striking  out  all  from  the 
word  "  or,"  in  the  first  line,  to  the  word  "  sold,"in  the  2d  line 
inclusive,  so  that  the  seclion  will  read,  "the  sum  of  one  hun- 
dred and  sixty  thousand  dollars  annually,  out  of  "  etc.;  and  by 
striking  out  the  words  "  a  sufficient  sum,"  in  7th  line,  and 
inserting  in  place  thereof  the  "  sum  of  one  hundred  and  sixty 
thousand  dollars;"  which  was  lost. 

Section  4,  as  amended,  was  then  adopted. 

Sections  5,  6,  7,  8,  9,  10,  11,  12  and  13,  were  then  read,  and 
adopted  without  amendment. 

Section  14  was  read. 

Mr.  Hobbs  moved  to  amend  by  filling  up  the  blank  with  the 
words  "  with  a  sufficient  sum  of  money;"  which  was  adopted. 

Mr.  Stout  moved  to  amend  the  2d  section,  by  inserting  after 
the  word  "  Digest,"  in  2d  line;  "  and  all  sums  of  money  over 
and  above  his  liabilities,  on  hand  at  the  time  of  the  assess- 
ment;" which  was  adopted. 

^Ir.  Kennard  moved  to  reconsider  the  vote  on  the  adoption 
of  the  2d  section;  which  prevailed. 

Mr.  Johnson  moved  to  strike  out  all  of  said  section  referring 
to  an  income  tax;  which  motion  prevailed. 


376  JOUPvXAL    OF 


Mr.  Havrkins,  of  Ashley,  offered  the  following  as  an  addi- 
tional section: 

Be  it  furlJicr  ordained,  That  this  ordinance  shall  be  and  con- 
tinue in  force  from  this  date  until  the  close  of  the  existing  war. 

Mr.  Fishback  moved  to  amend  by  striking  out  "  the  close  of 
the  war,"  and  inserting  "  repealed  by  this  convention  or  the 
legislature;"  which  was  adopted,  and  the  section,  as  amended, 
was  adopted. 

Mr.  Stout  moved  to  strike  out  "  seminary  and  saline  lands" 
from  the  provisions  of  the  ordinance;  which  did  not  prevail. 

Mr.  Flanagin  offered  to  amend  by  adding  the  following  pro- 
viso to  the  first  section: 

Provided,  That  the  appropriations  of  portions  of  ihe  saline 
and  seminary  lands  heretofore  made  for  the  Blind  Institute  and 
the  Deaf  and  Dumb  Institute,  shall  not  be  deleated  by  this 
ordinance. 

Which  was  adopted. 

The  ordinance,  as  amended,  was  then  adopted. 

Mr.  Johnson  offered  the  following 

RESOLUTION: 

Resolved,  That  the  secretary  of  this  convention  be,  and  he  is 
hereby  required  to  have  lOOU  copies  of  all  the  ordinances 
adopted  by  this  convention  printed  as  soon  as  possible;  and 
also  to  superintend  *he  publication  of  the  journal  immediately 
after  the  ordinances  are  printed;  and  for  this  object,  that  the 
secretary  be  authorized  to  employ  such  additional  aid  as  he 
may  find  necessary. 

Mr.  Flanagin  moved  to  amend  by  saying  2,500  copies,  and 
that  the  convention  act  as  a  committee  of  revision,  and  a  sheet 
each  form  be  laid  on  the  table  of  each  delegate  for  that  pur- 
pose. 

Which  was  accepted,  and  the  resolution,  as  amended,  was 
adopted. 

Mr.  Smoote  introduced  the  following 

ORDINANCE  No.  65. 

An  Ordinance  for  the,  relief  of  Richard  H.  Thompson,  as  sheriff 
and  collector  of  Jefferson  county,  James  C.  Drennen,  as  sheriff 
and  collector  of  the  county  of  Columbia,  James  Norris,  as  the 
sheriff  and  collector  cf  the  county  of  Ashley,  Robert  Sewel,  as 
sheriff  and  collector  of  the  county  of  Union,  and  W.  A.  Alex- 
ander, as  sheriff  and  collector  of  ilie  county  of  Hemjostead. 


THE   CONYEXTION.  377 


Whereas,  Richard  H.  Thompson,  sheriff  and  collector  of 
the  county  of  Jeflerson,  James  C.  Drcnnen,  as  sheriff  and  col- 
lector of  the  county  of  Columbia,  James  Norris,  as  the  sherilf 
and  collector  of  the  county  of  Ashley,  Robert  Sevvel,  as  the 
sheriff  and  collector  of  the  county  of  Union,  and  W.  A.  Alex- 
ander, as  sheriff  and  collector  of  the  county  of  Hempstead, 
have  not  as  yet  fully  paid  into  the  treasury  of  the  State  of 
Arkansas,  the  taxes  due  from  said  counties  to  the  State  of 
Arkansas,  for  the  year  ISGO,  as  they  are  required  to  do  by  law; 
And  whereas,  This  convention  is  satisfied  that  said  default  so 
made  by  the  said  sheriffs  and  collectors  above  named  respect- 
ively, was  not  so  mads  with  any  view  of  defrauding  the  state, 
but  was  caused  by  the  stringency  of  the  times,  and  the  exis- 
tence of  the  present  war;  therefore 

Be  it  orddincd  bif  (he  people  of  the  Stale  oj  Arkansas  in  con- 
vention assembled,  That  the  governor  of  the  State  of  Arkans?s 
is  hereby  authorized,  empowered  and  instructed  to  release  such 
of  the  above  sheiiffs  and  collectors  from  the  penalty  now  pre- 
scribed against  him  by  law  for  such  default,  as  shall,  within 
sixty  days  from  the  passage  of  this  ordinance,  pay  into  the 
state  treasury  the  full  amount  of  the  taxes  due  from  the  said 
counties  of  Jefferson,  Columbia,  Ashley,  Union  and  Hempstead, 
to  the  state  for  the  year  A.  D.  19G0,  and  produce  to  the  gover- 
nor the  legal  vouchers  of  such  payment;  Provided,  That  neither 
of  the  said  sheriffs  and  collectors  who  shall  fail  to  pay  the  full 
amount  of  taxes  due  to  the  state  from  the  county  of  which  he 
is  sheriff  and  collector  as  aforesaid  for  the  year  A.  U.  18G0, 
into  the  state  treasury  within  sixty  days  from  the  date  of  this 
ordinance,  shall  be  nor  shall  either  of  his  securities  be  in  any 
wise  released  by  this  ordinance  or  by  authority  given  under 
this  ordinance,  from  any  penalty  which  has  or  may  accrue 
against  him  on  account  of  such  default  or  otherwise. 

Which  was  rejected. 

But,  on  the  motion  of  Mr.  Mayo,  the  vote  rejecting  it  was 
reconsidered,  and  the  ordinance  was  referred  to  the  judiciary 
committee. 

Mr.  Robinson  introduced  ordinance  No.  GO,  relating  to  the 
expenses  of  the  volunteer  companies  of  Jackson,  Lawrence 
and  Independence  counties. 

Which  was  read  and  referred  to  the  militaiy  board. 

On  motion  of  Mr.  Smoote,  secrecy  was  removed  fiom  this 
morning's  proceedings,  and  on  motion  of  Mr.  Baber,  the  con- 
vention took  a  recess  until  3  o'clock,  P.  M. 


378  JOURNAL    OF 


3  o'clock,  p.  M. 
Convention  met. 
Roll  called. 

r  R  E  S  E  N  T  : 

Messrs.  Adams  of  Izard,  Austin,  Baber,  Batson,  Bolinger, 
Bush,  Bussey,  Campbell,  Carrigan,  Clingman,  Crenshaw,  Cryer, 
Cypert,  Cochran,  Desha,  Dinsmore,  Dodson,  Fishback,  Flanagin, 
Floyd,  Fort,  Gould,  Grace,  Griffith,  Hawkins  of  Ashley,  Hill, 
Hilliard,  Hobbs,  Jester,  Kelley,  Kennard,  Mayo,  Murphy,  Parks, 
Patterson  of  Van  Buren,  Ray,  Rhodes,  Robinson,  Shelton, 
Slemons,  Smith,  Smoote,  Stallings,  Stillwell,  Stirman,  Stout, 
Turner,  Walker,  Wallace,  Yell  and  Mr.  President — 52. 

Mr.  Crenshaw  asked  and  obtained  leave  of  absence  for  Mr. 
DoIIarhide,  on  account  of  sickness. 

Mr.  Robinson  also  asked  and  obtained  leave  of  absence  for 
]\Ir.  Patterson  of  Jackson,  on  account  of  sickness. 

The  convention  then  proceeded  to  the  election  by  ballot  of 
a  register  for  the  Clarksville  land  district. 

Mr.  Crenshaw  nominated  James  C.  Copeland,of  Pope  county. 

Mr.  Batson  nominated  the  Hon.  W.  W.  Floyd,  of  Johhson 
county. 

Messrs.  Baber  and  Gould  were  appointed  tellers. 

There  being  no  further  nominations  the  ballot  was  taken, 
whereupon  it  appeared  that 

Mr.  Copeland  received  24  votes. 

Mr.  Floyd  "       31       " 

Mr.  Murphy  "         1      " 

Mr.  Floyd  having  received  a  majority  of  all  the  votes  cast, 
was  declared  duly  elected. 

Mr.  Watkins  offered  the  following 

RESOLUTIO:^: 

Resolved,  That  hereafter  no  member  of  this  convention  shall 
be  voted  for  to  till  any  office  created  by  it  or  within  its  gift, 
unless  such  member  so  proposed  to  be  voted  for,  shall  pre- 
viously have  resigned  his  seat  in  this  body,  so  as  to  be  a  private 
citizen. 


Which  was  adopted. 


THE    COXYEXTIOX.     •  379 


Mr.  Cypert  offered  the  following^ 

RESOLUTION: 

Resolved,  That  thi.s  convention  stand  adjourned  from  next 
Friday  at  12  o'clock  M.,  nutil  the  Fiis't  Monday  in  September 
next,  unless  called  together  sooner  by  the  military  board  of  the 
State  of  Arkansas. 

Mr.  Austin  moved  to  amend  by  adding  the  words,  "  or  by  the 
president  of  this  convention;"  which  was  accepted. 

Mr.  Griflith  moved  to  amend  by  saying  "  to  be  reconvened 
at  the  discretion  of  the  convention  or  militar}''  board. 

Mr.  Watkins   offered  the  following   as  a  substitute   for  the 

resolution  and  amendment: 

Resolved,  That  on  and  after  12  o'clock  on  Friday  next,  this 
convention  adjourn  to  meet  again  on  the  first  Monday  of  Sep- 
tember next,  unless  sooner  called  together  by  the  president,  or 
in  case  of  an  emergency  by  the  military  board,  and  such  re-as- 
sembling to  be  at  the  capitol,  or  at  such  other  place  as  may  be 
prescribed  by  the  president  or  military  board. 

Which  substitute  was  accepted. 

Mr.  Austin  moved  to  strike  out  "  September,"  and  insert 
"  January." 

Mr.  Adams  of  Izard,  offered  the  following  resolution  as  a 
substitute  for  the  resolution  offered  by  by  Mr.  Watkins: 

Resolved,  That  when  this  convention  adjourns,  it  will  adjourn 
sine  die. 

Mr.  Austin  moved  to  lay  the  substitute  upon  the  table;  upon 
which,  Mr.  Adams  of  Izard  called  for  the  yeas  and  nays,  which 
being  sustained,  was  ordered  and  had  with  the  following  result: 

Ykas — IMessrs.  Austin,  Bush,  Cami,bell,  Carrigan,  Clingman, 
Crenshaw,  Cryer,  Cypert,  Fishback,  Flanagin,  Gould,  Grace, 
Griffifith,  Hanly,  Hill,  Ililliard,  Ilobbs,  Johnson,  Kelley,  Ken- 
narc,  Ray,  Rhodes,  Smith,  Stallings,  Stillwell,  Stout,  Tatum, 
Turner,  Walker,  Wallace  and  Watkins— 30. 

Nays— Messrs,  Adams  of  Izard,  Batson,  Bolinger,  Bussey, 
Cochran,  Desha,  Dinsmore,  Dodson,  Floyd,  Fort,  Hawkins  of 
Ashley,  Hobson,Mayo,  Murphy,  Barks,  Patterson  of  Van  Buren, 
Robinson,  Shelton,  Siemens,  Spivey,  Totten  of  Arkansas,  Yell 
and  Mr.  President — 23. 


.S80  JOURNAL    OF 


So  the  substitute  was  laid  upon  the  table. 

Mr.   Kennard  offered  the  following  as   a  substitute  for  the 

resolution  of  Mr.  Watkins. 

Resolved,  That  this  convention  adjourn  Friday  the  21st  inst., 
at  12  o'clock  M.,  to  meet  again  at  the  call  of  the  president  or 
the  military  board;- and  if  not  called  together  on  or  before  the 
first  Monday  in  January,  18G2,  it  shall  after  that  date  stand 
adjourned  sine  die. 

Mr.  Tatum    moved   to  lay   the    resc  lution    and   its   proposed 
substitute  upon  the  table;  which  motion  prevailed. 
■  Mr.  Yell  introduced 

ORDINANCE  No.  67. 

For  the  relief  of  Thomas  H.  Bradly;  which  was  read. 

Mr.  Batson  moved  to  amed^  by  inserting  after  the  words 
"  null  and  void,"  the  words  "  and  that  Gen.  Bradley  be  author- 
ized to  appropriate  $5,000  of  the  money  received  by  him  to  the 
payment  of  the  sum  loaned  by  him  to  Gen.  Yell." 

On  motion  of  Mr.  Watkins,  the  ordinance  and  amendment 
was  referre.i  to  the  committee  on  ways  and  means. 

On  motion  ol"  Mr.  Turner,  ordinance  No.  01  was  taken  up 
and  read,  and  voted  upon  section  by  section. 

Section  1st  was  read  and  adopted. 

Mr.  Flanagin  moved  to  dmend  the  2d  section  by  striking  out 
the  words  "  or  of  one  of  the  Confederate  Slates  of  America;" 
which  was  adopted. 

Mr.  Watkins  offered  to  amend  by  inserting  after  the  words 
''  evidence  of  debt,"  the  words  "  or  statement  of  account;" 
which  was  adopted. 

Mr.  Batson  moved  to  amend  by  inserting  in  3d  line  after  the 
word  "  otherwise,"  except  the  pay  of  pensioners." 

Which  was  adopted,  and  the  section,  as  amended,  was 
adopted. 

Mr.  Batson  proposed  the  following  amendment: 

Sec.  3.  Be  it  furthtr  ordained,  That  it  shall  be  the  duty  of 
the  United  States  pension  agent  for  the  State  of  Arkansas,  or 
other  person  having  pcssession  of  the  same,  to  deliver  to  the 
auditor  the  pension  roll,  and  all  books  and  fapers  pertaining 
to  such  agency,  and  the  auditor,  upon  the  application  of  any 
pensioner,  and  proof  being  filed,  as  required  by  the  laws  of 


THE    CONVENTIOX.  381 


the  United  States,  shall  issue  his  warrant  upon  the  treasurer  of 
this  state  for  the  amount  due  such  pensioner  to  the  Gth  day  of 
May,  1S61. 

Which  was  adopted  as  section  3. 

Sections  4  and  5  were  then  read  and  adopted. 

Blr.  Cypert  moved   to  amend   the  Gth   section  by  adding  the 

following: 

"  And  that  the  auditor  shall  be  allowed  the  same  fees  as  is 
now  allowed  for  like  services  by  the  laws  of  this  state." 

Which,  upon  motion  ot  IMr.  Flanagin,  was  rejected,  and  sec- 
tion six  was  adopted. 

Mr.  Kennard  moved  to  strike  out  the  words  "  Confederate 
States,"  in  the  caption  of  the  ordinance,  and  the  same  words 
in  the  7tli  line  of  the  1st  section  thereof;  which  motion  pre- 
vailed. 

Mr.  Turner  moved  to  amend  by  adding  after  the  word  "Arkan- 
sas," in  the  2d  line  of  the  1st  section,  and  after  the  word  "state" 
in  the  5th  line  of  the  2d  section,  the  following  words: 

"  Or  of  the  Indian  territory  west  of  the  State  of  Arkansas, 
growing  out  ol  the  late  United  States  coiu't  at  Van  JJuren  " 
which  was  adopted. 

The  ordinance,  as  amended,  was  then  adopted. 

Mr.  Lanier  moved  to  take  up  ordinance  No.  15,  entitled  "an 
ordinance  to  prevent  giving  aid  and  comfort  to  the  enemy;" 
which  motion  did  not  prevail;  but  said  ordinance  was  made  the 
special  order  for  to-morrow  morning  after  the  reading  of  the 
journal. 

Mr.  Fishback  movcnl  that  ordinance  Xo.  33  be  now  taken  up; 
which  motion  was  lost. 

jMr.  Ilanly,  from  the  committee  on  judiciary,  in  accordance 
M'ith  instructions,  reported  the  following  constitution  of  the 
State  of  Arkansas,  as  remodeled  by  said  committee;  100  copies 
of  which,  upon  motion  of  Mr.  Cypert,  were  ordered  to  be 
printed. 

CONSTITUTION  OF  THE  STATE  OF  ARKANSAS. 

preamble: 

Vv^E,  the  people  of  the  State  of  Arkansas,  by  our  delegates 


382  JOURNAL    OF 


in  convention  assembled,  at  Little  Rock,  on  Monday,  the  4th 
day  of  March,  A.  D.  1861,  having  the  right  to  change,  alter, 
or  amend  our  constitution,  or  organic  law,  in  order  to  secure  to 
ourselves  and  our  posterity,  the  enjoyment  of  all  the  rights  of 
life,  liberty  and  property,  and  the  pursuit  of  happiness,  do  mutu- 
ally agree  with  each  other  to  continue  ourselves  as  a  free  and 
independent  state,  by  the  name  and  style  of  "  The  State  of 
Arkansas,"  and  do  ordain  and  establish  the  follov*'ing  constitu- 
tion for  the  future  government  thereoi': 

ARTICLE  L 

BOUNDARIES    OF    THE    STATE. 

We  do  declare  and  establish,  ratify  and  confirm  the  follow- 
ing as  the  permanent  boundaries  of  the  State  of  Arkansas,  that 
is  to  say:  Beginning  in  the  middle  of  the  main  channel  of  the 
Mississippi  river,  on  the  parallel  of  thirty-six  degrees  north 
latitude,  running  from  thence  west  with  the  said  parallel  of 
latitude  to  the  St.  Francis  river;  thence  up  the  middle  of  the 
main  channel  of  said  river,  to  the  parallel  of  thirty  six  degrees 
thirty  minutes  north;  from  thence  west  to  the  south-west  corner 
of  the  State  of  Missouri; -and  from  thence  to  be  bounded  on  the 
west  to  the  north  bank  of  Red  river,  as  by  acts  of  Congress  of 
the  United  States,  and  the  treaties  heretoford  defining  the 
western  limits  of  the  territory  of  Arkansas;  and  to  be  bounded 
on  the  south  side  of  Red  river  by  the  boundary  line  of  the 
State  of  Texas  to  the  north-west  corner  of  the  State  of  Loui- 
siana; thence  east  with  the  Louisiana  state  line  to  the  middle 
of  the  main  channel  of  the  Mississippi  river;  thence  ijp  the 
middle  of  the  main  channel  of  said  river,  to  the  t hi i"1>5'- sixth 
degree  of  north  latitude,  the  point  of  beginning,  this  being  the 
boundaries  of  the  State  of  Arkansas,  as  defined  by  the  consti- 
tution thereof,  adopted  by  a  convention  of  the  representatives 
of  the  people  of  said  state,  on  the  30th  day  of  January,  Anno 
Domini,  eighteen  hundred  and  thirty-six,  being  the  same  boun- 
daries which  limited  the  area  of  the  territory  of  Arkansas,  as 
it  existed  prior  to  that  time. 

ARTICLE  II. 

DECLARATION    OF    RIGHTS. 

That  the  great  and  essential  principles  of  liberty  and  free 
government  may  be  recognized  and  established,  ice,  declare, 

Sec.  1.  That  all  free  white  men,  where  they  form  a  social 
compact,  are  equal,  and  have  certain  and  inherent  and  inde- 
feasible rights,  among  which  are  those  of  enjoying  and  defend- 


THE    CONVENTION.  383 

ing  life    and  liberty;  of  acquiring,  possessing,  and  protecting 
property  and  reputation;  and  of  pursuing  their  own  happiness. 

Sec.  2.  -That  all  power  is  inherent  in  the  people,  and  all  free 
governments  are  founded  on  their  authority,  and  instituted  for 
their  peace,  safety  and  happiness.  For  the  advancement  of 
these  ends,  they  have,  at  all  times,  an  unqualified  right  to  alter, 
reform  or  abolish  their  government  in  such  manner  as  they  may 
think  proper. 

Sec.  3.  That  all  men  have  a  natural  and  indefeasible  right 
to  worship  Almighty  God  according  to  the  dictates  of  their  own 
consciences;  and  no  man  can,  of  right,  be  compelled  to  attend, 
erect  or  support  any  place  of  worship;  or  to  maintain  any  mini- 
stry, against  his  consent;  that  no  human  authority  can,  in  any 
case,  whatsoever,  interfere  with  the  rights  of  conscience;  and 
that  no  preference  shall  ever  be  given  to  any  religious  estab- 
lishment, or  mode    or  form  of  worship. 

Sec.  4.  That  the  civil  rights,  privileges  or  capacities  of  any 
citizen  shall  in  no  wise  be  diminished  or  enlarged  on  account 
of  his  religion. 

Sec.  5.  That  all  elections  shall  be  free  and  equal. 

Sec.  6.  That  the  right  of  trial  by  jury  shall  remain  inviolate 
to  free  white  men. 

Sec.  7.  That  printing  presses  shall  be  free  to  every  person; 
and  no  law  shall  ever  be  made  to  restrain  the  rights  thereof. 
The  free  communication  of  thoughts  and  opinions,  is  one  of 
the  invaluable  rights  of  man;  and  every  citizen  may  freely 
speak,  write  and  print  on  any  subject — being  responsible  lor 
the  abuse  of  that  liberty. 

Sec.  8.  In  prosecutions  for  the  publication  of  papers  investi- 
gating the  conduct  of  officers  or  men  in  public  capacit}',  or 
when  the  matter  published  is  matter  for  public  information,  the 
truth  thereof  may  be  given  in  evidence;  and  in  all  indictments 
for  libels,  the  jury  have  the  right  to  determine  the  law  and  the 
facts. 

Sec.  9.  That  the  people  shall  be  secure  in  their  persons, 
houses,  valuables  and  possessions,  from  unreasonable  searches 
and  seizures;  and  that  general  warrants,  whereby  any  officer 
may  be  commanded  to  search  suspected  places,  without  evi- 
dence of  the  fact  committed,  or  to  seize  any  person  or  persons 
not  named,  whose  offences  are  not  particularly  described  and 
supported  by  evidence,  are  dangerous  to  liberty,  and  shall  not 
be  granted. 

Sec  10.  That  no  free  white  man  shall  be  taken  or  imprisoned 
or  disseized  of  his  freehold  liberties,  or  privileges,  or  outlawed 
or  exiled,  or  in  any  manner  destroyed  or  deprived  of  his  life, 
liberty  or  property,  but  by  the  judgment  of  his  peers,  or  the  law 
of  the  land. 

Sec.  11.  That  in  all  criminal  prosecutions  against  free  white 


384  JOURNAL    OF 


men,  the  accused  shall  have  the  right  to  be  heard  by  himself 
and  his  counsel;  to  demand  the  nature  and  cause  of  the  accu- 
sation against  him,  and  to  have  a  copy  thereof;  to  meet  the 
witnesses  face  to  face;  to  have  compulsory  process  for  obtain- 
ing witnesses  in  his  favor;  and,  in  prosecutions  by  indictment 
or  presentment,  a  speedy  public  trial  by  an  impartial  jury  of 
the  county  or  district,  in  which  the  crime  may  be  charged  to 
have  been  committed;  and  shall  not  be  compelled  to  give  evi- 
dence against  himself. 

Sec.  12.  That  no  person  shall,  for  the  same  offenco,  be  twice 
put  in  jeopardy  of  life  or  limb. 

Sec.  13.  That  all  penalties  shall  be  reasonable  and  propor- 
tioned to  the  nature  of  the  offence. 

Sec.  14.  That  no  free  white  man  shall  be  put  to  answer  to 
any  criminal  charge,  punishable  by  death  or  imprisonment  in 
a  jail  or  penitentiary,  but  by  presentment,  indictment,  or  im- 
peachment. 

Sec.  15.  That  no  conviction  shall  work  corruption  of  blood 
or  forfeiture  of  the  estate  of  the  convict. 

Sec.  10.  That  all  free  white  prisoners  shall  be  bailable  by 
sufficient  securities,  unless  in  capital  offences,  where  the  proof 
is  evident  or  the  presumption  is  great!  And  the  privilege  of 
the  writ  of  habeas  corpus  shall  not  be  suspended,  unless  in  case 
of  rebellion  or  invasion,  where  the  public  safety  may  require  it. 
Sec.  17.  That  excessive  bail  shall  in  no  case  be  required,  nor 
excessive  fines  imposed. 

Sec  18.  That  no  ex  post  facto  law  or  laws  impairing  the 
obligation  of  contracts  shall  ever  be  passed. 

Sec  19.  That  no  perpetuities  or  monopolies  shall  ever  be 
allowed  or  granted;  nor  shall. any  hereditary  ernolument,  privi- 
leges or  honors  be  conferred  or  granted  in  tliis  state. 

Sec  ?0.  That  citizens  have  the  right,  in  a  peaceable  manner, 
to  assemble  for  their  common  good,  to  instruct  their  represen- 
tatives, and  to  apply  to  those  invested  with  the  power  of  the 
government  for  redress  of  grievances,  or  other  proper  purposes, 
by  address  or  remonstrance. 

Sec   21.  That  the  free  white  men  of  this  state  have  the  right 

to  keep  and  bear  arms  for  their  individual  or  common  defence. 

Sec  22.  That  no  soldier  shall  be  quartered,  in  time  of  peace, 

in  any  house,  without  the  consent  of  the  owner;  nor  in  time  of 

war,  but  in  a  manner  prescribed  by  law. 

Sec  23.  The  military,  in  time  of  peace,  shall  be  kept  in  strict 
subordination  to  the  civil  power. 

Fe:.  21.  This  enumeration  of  rights  shall  not  be  construed 
to  deny  or  disparage  others  retained  by  the  people;  and,  to 
guard  against  any  encroachments  on  the  rights  herein  retained, 
or  any  transgression  of  any  of  the  higher  powers  herein  dele- 
gated, we  declare  that  every  thing  in  this   article  is  excepted 


THE    CONVENTION.  385 

out  of  the  general  powers  of  the  government,  and  shall  forever 
i-emain  inviolate,  and  that  all  laws  contrary  thereto,  or  to  the 
other  provisions  herein  contained,  shall  be  void. 

ARTICLE  III. 

OF      DEPARTMENTS. 

Section  1.  The  powers  of  the  government  of  the  State  of 
Arkansas,  shall  be  divided  into  three  distinct  departments,  each 
of  which  to  be  confided  to  a  separate  body  of  magistracy,  to- 
wit:  those  which  are  legislative,  to  one;  those  which  are  execu- 
tive, to  another;  and  those  which  are  judicial  to  another. 

Si:c.  2.  No  person  or  collection  of  persons,  being  of  one  of 
those  departments,  shall  exercise  any  power  belonging  to  either 
of  the  others;  except  in  the  instances  hereinafter  expressly 
directed  or  permitted. 

ARTICLE    IV. 

LEGISLATIVE      DEPART.AIEXT. 

Section  1.  The  legislative  power  of  this  state  shall  be  vested 
in  a  General  Assembly,  which  shall  consist  of  a  Senate  and  a 
House  of  Representatives. 

aUALTFICATION    OF     ELECTORS. 

Sec.  2.  Every  free  white  male  citizen  of  the  Confederate 
States  of  America,  who  shall  have  attained  the  age  of  twenty- 
one  years,  and  shall  have  been  a  citizen  of  the  state  six  months 
next  preceding  the  election  at  which  he  may  desire  to  vote, 
shall  be  deemed  a  qualified  elector,  and  be  entitled  to  vote  in 
the  county  or  district  where  he  actually  resides,  for  each  and 
every  office  made  elective  under  this  state  or  the  constitution 
and  laws  of  the  Confederate  States  of  America;  Provided,  That 
no  soldier,  seaman  or  marine  in  the  army  or  navy  of  the  Con- 
federate States  of  America  shall  be  entitled  to  vote  at  any 
election  "within  this  state. 

TIME    OF    choosing     REPRESENTATIVES. 

Sec.  3.  The  House  of  Representatives  shall  consist  of  mem- 
bers to  be  chosen  every  two  years,  by  the  qualified  electors  of 
the  several  counties  at  such  time  as  the  General  Assembly  has 
prescribed  or  may  hereafter  prescribe. 

25 


o 


86  JOURNAL    OF 


aUALIFICATlON    OF    A    REPRESENTATIVK. 

Sec.  4.  No  person  shall  be  a  member  of  the  House  of  Rep- 
resentatives who  shall  not  hav^e  attained  the  age  of  twenty 

years;  who  shall  not  be  a  free  white  male  citizen  of  the 
Confederate  States  of  America;  who  shall  not  have  been  an 
inhabitant  of  this  state  one  year  next  preceding  his  election; 
and  who  shall  not.  at  the  time  of  his  election,  have  an  actual 
residence  in  the  county  he  may  be  chosen  to  represent. 

aUALlFICATION    OF    A    SENATOR. 

Sec.  5.  The  Senate  shall  consist  of  members,  to  be  chosen 
every  four  years  by  the  qualified  electors  of  the  several  dis- 
tricts, as  they  are  now,  or  may  be  hereafter  arranged  by  the 
General  Assembly.  The  election  for  senators  shall  take  place 
at  the  time  now  appointed,  or  which  may  hereafter  be  appointed 
by  law. 

Sec.  6.  No  person  shall  be  a  senator  who  shall  not  have  at- 
tained the  age  of  years;  who  shall  not  be  a  free  white 
male  citizen  of  the  Confederate  States  of  America;  who  shall 
not  have  been  an  inhabitant  of  this  state  one  year,  next  pre- 
ceding his  election;  and  who,  at  the  time  thereof,  shall  not 
have  an  actual  residence  in  the  district  he  may  be  chosen  to 
represent. 

meeting  of  the  general    assembly. 

Sec.  7.  The  General  Assembly  shall  meet  every  tw^o  years, 
on  the  first  Monday  in  November,  or  at  such  time  as  may  here- 
after be  appointed  for  that  purpose  by  that  body,  and  at  the 
capitol,  in  the  city  of  Little  Rock,  until  otherwise  directed  by 
law\ 

5I0DE    AND    TIME    OF    ELECTION,   AND    PRIVILEGE  OF   ELECTORS. 

Sec.  8.  All  general  elections  shall  be  by  ballot,-  until  other- 
wise directed  by  law,  and  shall  continue  and  be  holden  every 
two  years,  on  the  first  Monday  in  August,  until  altered  by  law. 
The  first  general  election  to  be  hereafter  held  on  the  first  Mon- 
day in  August,  eighteen  hundred  and  sixty-two.  The  electors, 
in  all  cases,  except  in  cases  of  treason,  felony  and  breach  of 
the  peace,  shall  be  privileged  from  arrest  during  their  atten- 
dance on  elections,  and  in  poing  to  and  returning  therefrom. 

Sec.  9.  The  governor  shall  issue  writs  of  election  to  fill  such 
vacancies  as  may  occur  in  either  branch  of  the  General  As- 
sembly. 

Sec.  10.  JMilitia  officers,  justices  of  the  peace,  postmasters 


THE    CONYEXTIOX.  387 


and  judges  of  the  county  courts,  are  declared  to  be  eligible  to 
either  branch  of  the  General  Assembly;  but  no  person  who 
now  is,  or  who  shall  hereafter  be  a  collector  or  holder  of  public 
money,  nor  any  assistant  or  deputy  of  such  holder  or  collector 
of  public  money,  shall  be  eligible  to  either  branch  of  the  Gene- 
ral Assembly,  nor  to  any  office  of  profit  or  trust,  until  he  shall 
have  accounted  for  and  paid  over  all  sums  for  which  he  may 
be  liable. 

Sioc,  l[.  Persons  convicted  of  bribery,  perjury,  or  other  infa- 
mous crime,  are  excluded  from  every  office  of  trust  or  profit, 
and  from  the  right  of  suffrage  in  this  state. 

Sec.  12.  Persons  convicted  of  giving  or  offering  any  bribe  to 
procure  his  own  election  or  appointment,  or  that  of  any  one 
else,  to  any  office,  are  ineligible  to  an3'  office  of  profit  or  trust, 
and  are  disqualified  from  voting  at  any  election  in  this  state. 

Sec.  13.  Xo  member  of  the  General  Assemb'y  shall  be 
elected  or  appointed  to  any  civil  office  in  this  state,  which  shall 
have  been  created,  or  the  emoluments  of  which  shall  have  been 
increased,  whilst  he  was  a  member  thereof,  except  he  be 
elected  to  such  office  by  a  vote  of  the  people. 

Sec.  14.  Each  house  of  the  General  Assembly  shall  appoint 
its  own  officers,  and  shall  judge  of  the  qualifications,  returns 
and  elections  of  its  own  members.  Two-thirds  of  each  house 
shall  constitute  a  quorum  to  do  business,  but  a  smaller  number 
may  adjourn  from  day  to  day,  and  compel  the  attendance  of 
absent  members,  in  such  manner  and  under  such  penalties  as 
each  house  may  provide. 

Sec  15.  Each  house  may  determine  the  rule  of  its  proceed- 
ings, punish  its  own  members  for  disorderly  behavior,  and,  with 
the  concurrence  of  two-thirds  of  the  members  elected,  expel  a 
member;  but  no  member  shall  be  expelled  a  second  time  for 
the  same  ofience.  They  shall  each,  from  time  to  time,  publish 
a  journal  of  their  proceedings,  except  such  parts  as  may,  in 
their  opinion,  require  secresy,  and  the  yeas  and  nays  upon  any 
question  shall  be  entered  on  the  journal,  by  the  request  of  any 
five  members. 

Sec.  16.  The  door  of  each  house,  when  in  seseion,  or  in  com- 
mittee of  the  whole,  sliall  be  kept  open,  except  in  cases  which 
may  require  secresy;  and  each  house  may  punish  by  fine  and 
imprisonment,  any  person,  not  a  member,  who  shall  be  guilty 
of  disrespect  to  the  house  by  any  disorderly  or  contemptuous 
behavior  in  its  presence  when  in  session;  but  sucli  imprison- 
ment shall  not  extend  beyond  the  final  adjournment  ol  that 
session. 

Sec.  17.  Bills  may  originate  in  either  house, and  be  amended 
or  rejected  in  the  other;  and  every  bill  shall  be  read  on  three 
difterent  days  in  each  house,  unless  two  thirds  of  the  house 
where  the  same  is  pending,  shall  dispense  with  the  rules;  and 


388  JOURNAL    OF 


every  bill  having  passed  both  houses,  shall  be^  signed  bj^  the 
President  of  the  Senate  and  Speaker  of  the  House  of  Repre- 
sentatives. 

Sec.  18.  Whenever  an  ofHcer,  civil  or  military,  shall  be  ap- 
pointed by  the  joint  or  concurrent  vote  of  both  houses,  or  by 
the  separate  vote  of  either  house  of  the  General  Assembly,  the 
vote  shall  be  taken  viva  voce,  and  entered  on  the  journal. 

Sec.  19.  The  senators  and  representatives  shall,  in  all  cases, 
except  treason,  felony,  breach  of  the  peace,  be  privileged  irom 
arrest  during  the  session  of  the  General  Assembl}',  and  for  fif- 
teen days  before  the  commencement,  and  after  the  termination 
of  each  session,  and  for  any  speech  or  debate,  in  either  house, 
they  shall  not  be  questioned  in  any  other  place. 

Sec.  20.  The  members  of  the  General  Assembly  shall  sever- 
ally receive  from  the  public  treasury,  compensation  for  their 
services,  which  may  be  increased  or  diminished;  but  no  altera- 
tion of  such  compensation  of  members  shall  take  effect  during 
the  session  at  which  it  is  made. 

Sec.  21,  The  General  Assembly  shall  direct,  by  law,  in  what 
courts,  and  in  what  manner,  suits  may  be  commenced  against 
the  state. 

Sec.  22.  The  General  Assembly  may  prohibit  the  introduc- 
tion into  this  state,  of  anj'  slave  or  slaves  who  have  committed 
any  high  crime  in  any  other  state  or  territory.  The  introduc- 
tion of  slaves  in  this  state  for  sale,  trade,  speculation  or  mer- 
chandize, may  be  prohibited  by  the  General  Assembly. 

Sec.  23.  The  General  Assembly  shall  not  have  power  to  pass 
any  bill  of  divorce;  bat  may  prescribe  by  law  the  manner  in 
which  such  cases  shall  be  investigated  in  the  courts  of  justice, 
and  divorces  be  granted. 

Sec.  24.  The  General  Assembly  may,  by  law,  oblige  owners 
ol  slaves  to  treat  them  with  humanity,  and  prescribe  a  code  of 
laws  defining  their  rights,  regulating  their  intercourse  with 
each  other,  and  their  relations  with  the  free  white  people  of 
this  state,  defining  crimes  which  may  be  committed  by  slaves, 
prescribing  appropriate  punishment  lor  such  crimes,  and  pro- 
>  viding  courts  for  the  trial  of  slaves,  and  the  mode  of  proceed- 
ing in  such  courts. 

Sec.  25.  The  governor,  secretary  of  state,  auditor,  treasurer, 
the  judges  ef  the  supreme  court;  the  judges  of  the  several  cir- 
cuit courts,  and  other  inferior  courts  of  law  and  equity,  and 
the  several  prosecuting  attorney's  for  the  state  shall  be  liable  to 
impeachment,  for  any  malpractice  or  misdemeanor  in  office; 
but  jud;^'ment  in  such  cases  shall  not  extend  further  than  remo- 
val from  office,  and  dis'qualification  to  hold  any  office  of  honor, 
trust  or  profit  under  this  state,  the  party  impeached,  whether 
convicted  or  acquitted,  shall  nevertheless  be  liable  to  be  indict- 
ed, tried  and  punished  according  to  law. 


THE    CONVENTION.  389 

Sf.c.  2G  The  House  of  Representatives  shall  have  the  sole 
power  of  impeachment,  and  all  impeachments  shall  be  tried 
by  the  Senate,  and  when  sitting  for  tnat  purpose,  shall  be  on 
oath  or  affirmation,  to  do  justice  according  to  law  and  evidence. 
When  the  governor  shall  be  tried,  the  chief  justice  of  the 
supreme  court  shall  preside,  and  no  person  shall  be  convicted 
Avithout  the  concui-rence  of  two-thirds  of  the  senators  elected; 
and  for  reasonable  cause,  which  shall  not  be  sufficient  ground 
for  impeachment,  the  governor  shall,  on  the  joint  address  of 
two-thirds  of  each  branch  of  the  General  Assembl}^  remove 
from  office  the  judges  of  the  supreme  and  other  courts;  Pro- ' 
vif/ed,  The  cause  or  causes  of  removal  be  spread  on  the  jour- 
nals, and  the  party  charged  be  notified  of  the  same,  and  heard; 
by  himself  and  counsel,  before  the  vote  is  finally  taken  and 
decided. 

Si:;o.  27.  The  appointment  or  election  of  all  officers,  not 
otherwise  directed  by  this  constitution,  shall  be  made  in  such 
manner  as  may  be  prescribed  by  law;  and  all  such  officers,  civil 
and  militaiy,  under  the  authority  of  this  state,  shall,  before 
they  enter  on  their  duties,  take  the  following  oath  or  affirma- 
tion, that  is  to  say:  "  I, do  solemnly  swear  or  affirm, 

that  I  will  support  the  constitution  of  the  Confederate  States  of 
America,  and  of  this  state,  and  will  abide  and  observe  all  the 
ordinances  passed  by  this  convention  of  the  people  of  this  state, 
and  will  demean  myself  faithfully  in  office." 

Sec.  23.  No  county  now  established  b}"  law,  shall  ever  be 
reduced  b}'^  the  establishment  of  any  new  county  or  counties  to 

less  than hundred  square  miles,  nor  to  a  less  population 

than  its  ratio  of  representation  in  the  House  of  Representa- 
tives, according  to  the  ratio  as  it  may  exist  by  law  at  the  time. 

Sec.  29.  The  style  of  the  laws  of  this  state  shall  be — "  Be  it 
enacted  by  the  General  Assembly  of  the  State  of  Arkansas." 

Sec  30.  The  state  shall,  from  time  to  time,  be  divided  into 
convenient  senatorial  districts,  formed  of  contiguous  territor}', 
in  such  manner  as  the  General  Assembly  shall  hereafter  pro- 
vide; and  in  •  arranging  such  districts,  the  General  Assembly 
shall  do  so,  taking  into  consideration  the  free  white  male  inhab- 
itants of  this  state,  so  that  each  senator  may  represent  an  equal 
number,  as  nearly  as  may  be,  of  the  free  white  male  inhabit- 
ants thereof,  according  to  the  enumeration;  and  until  the  next 
enumeration  of  the  census,  or  inhabitants  of  this  state,  the 
senatorial  districts  as  now  laid  down  by  law  shall  continue. 

Sec.  31.  The  Senate  shall  never  consist  of  less  than , 

nor  of  more  than  members.     The  allotment  of  senators 

into  two  classes,  as  it  now  exists,  shall  continue  until  otherwise 
directed,  and  the  succeessors  of  those  in  office  shall  be  elected 
in  the  manner,  and  at  the  time  now  required  by  law,  and  for 
the  term  of  four  years. 


390  JOURNAL    OF 


Sec.  32.  The  enumeration  of  the  inhabitants  of  this  sta.te 
shall  be  taken  under  the  direction  of  the  General  At^sembly  of 
this  state,  at  the  end  of  every  four  years  from  the  time  the  last 
enumeration  was  taken  under  the  constitution  and  laws  of  this 
state,  now  in  force  therein. 

Sec.  33.  The   House   of  Representatives   shall  not  consist  of 

less  than nor  more  than  one  hundred   representatives,  to 

he  apportioned  among  the  several  counties  in  this  state,  accord- 
ing to  the  number  of  free  white  male  inhabitant  therein,  taking 
such  ratio  as  is  now  provided  by  law  as  the  ratio  of  represen- 
tation, until  the  number  of  representatives  increases  to  one 
hundred,  and  when  they  shall  number  one  hundred,  they  shall 
not  be  further  increased  until  the  population  of  the  state  num- 
bers one  million  souls;  Providnl,  That  each  county,  as  now 
organized,  shall  be  entitled  to  the  number  of  representatives  to 
which  it  ma}^  be  entitled  under  existing  laws,  until  a  future 
apportionment,  under  a  future  enumeration  of  the  inhabitants 
of  this  state.  And  at  the  first  session  of  the  General  Assem- 
bly, after  the  return  of  every  enumeration,  the  representation 
shall  be  equally  divided  and  icapportioned  among  the  several 
counties,  according  to  the  number  of  free  white  males  in  each 
county,  as  above  prescribed. 

Sec.  34.  The  General  Assembly  may,  at  any  time,  propose 
such  amendments  to  the  constitution  as  two-thirds  of  each 
house  shall  deem  expedient,  which  shall  be  published  in  all  the 
newspapers  published  in  this  state,  three  several  times,  at  least 
twelve  months  before  the  next  general  election;  and  if,  at  the 
first  session  of  the  General  Assembly  after  such  general  elec- 
tion, two-thirds  of  each  house  shall,  by  yeas  and  nays,  ratify 
.such  proposed  amendments,  they  shall  be  valid  to  all  intents 
and  purposes,  as  parts  of  this  constitution;  Provided,  That 
such  proposed  amendments  shall  be  read  on  three  several  days, 
in  each  house,  as  well  when  the  same  are  proposed,  as  when 
they  are  finally  ratified. 


ARTICLE  V 


EXECUTIVE    PEPARTMEXT. 


Section  1.  The  supreme  executive  pov.'er  of  this  state  shall 
be  vested  in  a  chief  magistrate,  who  shall  be  styled  "  the  gov- 
ernor of  the  State  of  Arkansas. 

Sec.  2.  The  governor  shall  be  elected  by  the  qualified  elec- 
tors, at  the  time  and  places,  when  and  where  they  shall  respec- 
tively vote  for  representatives  at  general  elections. 

Sec.  3.  The  returns  of  every  election  for  governor  shall  be 
sealed  up  and  transmitted  to  the  Speaker  of  the  House  of  Rep- 
resentatives, who  shall,  during  the  first  week  of  the  session, 
open  and  publish  them  in  the  presence  of  both  houses  of  the 


THE    CONVEXTION.  391 


General  Assembly.  The  person  having  the  highest  number  of 
votes  shall  be  the  governor,  but  if  two  or  more  shall  be  equal, 
and  highest  in  votes,  one  of  them  shall  be  chosen  governor  by 
the  joint  vote  of  both  houses.  Contested  elections  lor  governor 
shall  be  determined  by  both  houses  of  the  General  Assembly, 
in  such  manner  as  shall  be  prescribed  by  law. 

Sf:c.  4.  The  governor  phall  hold  his  oflice  for  the  term  of  four 
years  from  the  lime  of  his  installation,  and  until  his  successor 
shall  be  duly  qualified;  but  he  shall  not  be  eligible  for  more 
than  eight  years  in  an}'-  term  of  twelve  yea^s.  He  shall  be  at 
least  thirty  years  of  age,  a  native  born  citizen  of  Arkansas,  or 
a  native  born  citizen  of  the  Confederate  States  of  America,  or 
a  resilient  of  the  State  of  Arkansas  ten  years  previous  to  the 
adoption  of  this  sonstitution,  if  not  a  native  of  the  Confederate 
States  of  Ar^erica;  and  shall  have  been  a  resident  of  the  same 
at  least  four  years  next  before  his  election. 

Sec.  5.  The  governor  shall,  at  stated  times,  receive  a  com- 
pensation for  his  services,  which  shall  not  be  increased  or 
diminished  during  the  term  for  which  he  shall  have  been  elected; 
noi-  shall  he  receive,  during  that  period,  any  other  emolument 
from  the  Confederate  States  of  America,  or  any  one  of  them, 
or  from  any  foreign  power. 

Sec.  6.  The  governor  shall  be  commander-in-chief  of  the 
army  of  this  state,  and  the  militia  thereof,  except  when  tliey 
shall  be  called  into  the  service  of  the  Confederate  States  of 
America;  Provided  nevertheless,  That  this  provision  shall  n^t 
be  taken  to  conflict  with  any  ordinance,  or  ordinances,  which 
have  been  or  mny  be  passed  by  this  convention  of  the  people 
of  the  State  of  Arkansas. 

Sec.  7.  The  governor  may  require  any  information,  in  writ- 
ing, from  the  oliicers  of  the  executive  depart. nent,  on  any  sub- 
ject relating  to  the  duties  of  their  respective  ofilces. 

Sec.  8.  The  governor  may,  by  proclamation,  on  extraordinary 
occasions,  convene  the  General  Assembly,  at  the  seat  of  gov- 
ernment, or  at  a  different  place,  if  that  should  have  become, 
since  their  last  adjournment,  dangerous,  from  an  enemy  or  from 
contagious  diseases.  In  case  of  disagreement  between  the  two 
houses,  with  respect  to  the  time  of  adjournment,  he  may  ad- 
journ them  to  such  time  as  he  shall  think  proper,  not  beyond 
the  day  of  the  next  meeting  of  the  General  Assembly. 

Sec.  9.  The  governor  shall,  from  time  to  time,  give  to  the 
General  Assembly  information  of  the  state  of  the  government, 
and  recommend  to  their  consideration  such  measures  as  he  may 
deem  expedient. 

Sec.  10.  The  governor  shall  take  care  that  the  laws  are  faith- 
fully executed. 

Sec.  11.  In  all  criminal  and  penal  cases,  except  in  those  of 
treason   and  impeachment,  the  governor  shall  have  power  to 


392  JOURNAL    OF 


grant  pardons,  after  conviction,  and  remit  fines  and  forfeitures, 
under  such  rules  and  regulations  as  shall  be  prescribed  by  law. 
In  cases  of  treason,  he  shall  have  power,  by  and  with  the  ad- 
vice and  consent  of  the  Senate,  to  grant  reprieves  and  pardons; 
and  he  may,  in  the  recess  of  the  Senate,  respite  the  sentence 
until  otherwise  directed  by  the  General  Assembly. 

Sec.  12.  There  shall  be  a  seal  of  state  provided  which  shall 
be  kept  by  the  governor,  and  used  by  him  ofiicially,  and  the 
present  seal  of  state  now  in  use  shall  be  the  seal  of  state  until 
otherwise  directed^  by  the  General  Assembly. 

Sec.  13.  All  commissions  shall  be  in  the  name,  and  by  the 
authority  of  the  State  of  Arkansas,  be  sealed  with  the  seal  of 
the  state,  signed  by  the  governor,  (except  when  otherwise 
directed  by  ordinance  of  this  convention),  and  attested  by  the 
secretary  of  state. 

Sec.  14.  There  shall  be  a  secretary  of  state,  elected  by  a 
joint  vote  of  both  houses  of  the  General  Assembly,  who  shall 
continue  in  office  during  the  term  of  four  years,  and  until  his 
successor  in  ofilce  be  duly  qualified.  He  shall  keep  a  fair 
register  of  all  the  official  acts  and  proceedings  of  the  governor, 
and  shall,  when  required,  lay  the  same,  and  all  papers,  minutes, 
and  vouchers  relative  thereto,  before  the  General  Assembly, 
and  shall  perform  such  other  duties  as  may  be  required  by  law. 

Sec.  15.  Vacancies  that  may  happen  in  offices,  the  election 
to  which  is  vested  in  the  General  Assembly,  shall  be  filled  by 
tlje  governor  during  the  recess  of  the  General  Assembly,  by 
granting  commissions,  which  shall  expire  at  the  end  of  the  next 
session. 

Sec.  16.  Every  bill  which  shall  have  passed  both  houses  of 
the  General  Assembly,  shall  be  presented  to  the  governor.  If 
he  approve  it,  he  shall  sign  it;  but  if  he  shall  not  approve,  he 
shall  return  it,  with  his  objections,  to  the  house  in  which  it 
originated,  icho  shall  enter  his  objections  at  large  upon  their 
journal,  and  proceed  to  reconsider  it.  If,  after  such  reconside- 
ration, a  majority  of  the  whole  number  elected  to  that  house 
shall  agree  to  pass  the  bill,  it  shall  be  sent,  with  the  objections 
of  the  governor,  to  the  other  house,  by  which  it  shall  likewise 
be  reconsidered,  and  if  approved  by  a  majority  of  the  whole 
number  elected  to  that  house,  it  shall  be  a  law;  but  in  such 
cases,  the  votes  of  both  houses  shall  be  determined  by  yeas  and 
nays;  and  the  names  of  the  persons  voting  for  or  against  the 
bill  shall  be  entered  on  the  journals  of  each  house  respectively. 
If  any  bill  shall  not  be  returned,  by  the  governor,  within  three 
days,  Sundays  excepted,  after  it  shall  have  been  presented  to  him, 
the  same  shall  be  a  law  in  like  manner  as  it  he  had  signed  it, 
unless  the  General  Assembly,  by  their  adjournment,  prevent  its 
return,  in  which  event  it  shall  not  be  a  law. 

Sec  17.  Every  order  or  resolution,  to  which  the  concurrence 


THE    COXYEXTIOX.  39 


o 


of  both  houses  of  the  General  Assembly  may  be  necessary, 
except  on  questions  of  aJjournment,  shall  be  presented  to  the 
governo.-,  and  belbre  it  shall  take  ellect,  be  approved  by  him, 
or  being  disapproved,  shall  be  repassed  by  both  houses,  accord- 
ing to  the  rules  and  limitations  in  the  case  of  a  bill. 

Sec.  18.  In  case  of  the  impeachment  of  the  governor,  his 
removal  from  office,  his  death,  his  refusal  to  qualify,  his  resig- 
nation, or  his  absence  from  the  state,  the  president  of  the  Sen- 
ate shall  exercise  all  the  authoi-ity  appertaining  to  the  office  of 
governor,  until  anothtM"  governor  shall  have  been  elected  and 
qualified,  or  until  the  governor  absent  or  acquitted,  shall  return 
orbe  acquitted. 

Sec.  19.  If,  during  the  vacancy  of  the  oflice  of  governor,  the 
president  of  the  Senate  shall  be  impeached,  removed  from 
office,  refuse  to  qualify,  resign,  die,  or  be  absent  from  the  state, 
the  Speaker  of  the  House  of  Representatives  shall,  in  like 
manner;  administer  the  government. 

Sec.  20.  The  president  of  the  Senate  and  speaker  of  the 
House  of  Representatives,  during  the  time  they  respectfully 
administer  the  government,  shall  receive  the  same  compensa- 
tion which  the  governor  would  have  received  had  he  been  em- 
ployed in  the  duties  of  his  office. 

Sec.  21.  Whenever  the  office  of  governor  shall  have  become 
vacant,  by  death,  resignation,  removal  from  office,  or  otherwise; 
Provided,  Such  vacancy  shall  not  happen  within  eighteen 
months  of  the  time  for  which  the  late  governor  shall  have  been 
elected,  the  prrsident  of  the  Senate,  or  speaker  of  the  House 
of  Representatives!,  as  the  case  may  be,  exercising  the  powers 
of  the  governor  for  the  time  being,  shall  immediately  cause  an 
election  to  be  held  to  fill  such  vacancy,  giving,  by  proclama- 
tion, sixty  days'  previous  notice  thereof,  which  election  shall  be 
governed  by  the  same  rules  prescribed  for  general  elections  of 
governor,  as  far  as  applicable;  the  returns  shall  be  made  to  the 
secretary  of  state,  who,  in  the  presence  of  the  acting  governor, 
and  judges  of  the  supreme  court,  or  one  of  them,  at  least,  shall 
compare  them,  and  together  with  the  said  acting  governor  and 
judges,  declare  who  is  elected:  and  if  there  be  a  contested  elec- 
tion, it  shall  be  decided  by  the  judges  of  the  supreme  court  in 
the  manner  prescribed  b}"  law. 

Sec.  22.  The  governor  shall  always  reside  at  the  seat  of 
government. 

Sec.  2'.i.  i\o  person  shall  hold  the  office  of  governor,  and  any 
other  office  or  commission,  civil  or  military,  either  in  this  state 
or  the  Confederate  States  of  America,  or  any  other  power,  at 
one  and  the  same  time. 

Sec.  24.  There  shall  be  elected,  by  the  joint  vote  of  both 
houses  of  the  General  Assembly,  until  otherwise  provided  by 
law,  an  auditor  and  treasurer  for  this  state,  who  shall  hold  their 


394  JOURNAL    OF 


offices  for  the  term  of  two  years',  awd  until  their  respective  suc- 
cessors are  elected  and  qualified,  unless  sooner  removed;  they 
shall  keep  their  respective  offices  at  the  seat  of  government, 
and  perform  such  duties  as  shall  be  prescribed  by  law;  and  in 
case  of  vacancy  by  death,  resignation  or  otherwise,  such  vacan- 
cy shall  be  filled  by  the  governor,  as  in  other  cases,  so  long  as 
said  officers  remain  elective  by  the  General  Assembl}'. 

MILITIA. 

Section  1.  The  militia  of  this  state  shall  be  divided  into  con- 
venient divisions,  brigades,  regiments  and  companies,  and  offi- 
cers of  corresponding  title  and  rank  elected  to  command  them, 
conforming,  as  nearly  as  practicable,  to  the  general  regulations 
of  the  Confederate  States  of  America. 

Sec.  2.  After  the  major-general,  and  the  two  brigadier  gen- 
erals, elected  by  this  convention,  cease  to  be  such,  by  death, 
resignation,  removal  from  the  state,  or  from  office,  the}'  shall  be 
elected  as  follows;  major-general's  shall  be  elected  by  the  brig- 
adier generals,  and  field  officers  of  their  respective  divisions; 
brigadier-generals  shall  be  elected  by  the  field  officers,  and 
commissioned  company  officers  of  their  respective  brigades; 
field  officers  shall  be  elected  by  the  officers  and  privates  of  their 
respective  regiments;  and  captains  and  subaltern  officers  shall 
be  elected  by  those  subject  to  military  duty  in  their  respective 
companies. 

Sec.  3"  The  governor  shall  appoint  the  adjutant  general,  and 
other  members  of  his  staff,  and  major-generals,  brigadier-gen- 
erals, and  commandants  of  regiments,  shall  respectively  appoint 
their  own  stafi^s;  and  all  commissioned  officers  may  continue  in 
office  during  good  behavior;  and  staff  officers  during  same,  sub- 
ject to  be  removed  by  the  superi  )r  officer,  from  whom  they 
respectfully  derive  their  commissions. 

ARTICLE  VI. 

JUDICIAL    DEPART.^IEXT, 

Section  1.  The  judicial  power  of  this  state  shall  be  vested  in 
one  supreme  court,  in  circuit  courts,  in  county  county  courts, 
and  in  justices  of  the  peace.  The  General  Assembly  may  also 
vest  such  jurisdiction  as  may  be  deemed  necessary  in  corpora- 
tion courts,  and  when  they  deem  it  expedient,  may  establi.^h 
courts  of  chancery. 

Sec  2.  The  supreme  court  shall  be  composed  of  three  judges, 
one  of  whom  shall  be  styled   chief  justice;   any  two  of  whom 
shall  constitute  a  quorum,  and  the  concurrence  of  any  two  of 
said  judges  shall,  in   every  case,   be  necessary    to  a  decision. 
The  supreme  court,  except  in  cases  otherwise  directed  by  this 


THE    CONVENTION.  395 

constitution,  shall  have  appellate  jurisdiction  only,  which  shall 
be  co-extensive  with  the  state,  under  such  regulations  as  may, 
i'rorn  time  to  time,  be  prescribed  by  law.  It  shall  have  a  gene- 
ral superintending  control  over  all  inferior  and  alien  courts  of 
law  and  equity;  it  shall  have  power  to  issue  writs  of  error  and 
supersedeas,  certiorari  and  habeas  corpus,  mandamus  and  quo 
warranto  and  other  remedial  writs,  and  to  hear  and  determine 
the  same.  Said  judges  shall  be  conservators  of  the  peace 
throughout  the  state,  and  shall  severally  have  power  to  issue 
any  of  the  aforesaid  writs. 

Sec.  3.  The  circuit  court  shall  have  original  jurisdiction  over 
all  critninal  cases,  <\hich  shall  not  be  otherwise  provided  lor  by 
law;  and  exclusive  original  jurisdiction  of  all  crimes  amount- 
ing to  felony  at  the  common  law,  until  otherwise  provided  by 
the  General  Assembly;  and  original  jurisdiction  of  all  civil 
cases  which  shall  not  be  cognizable  before  justices  of  the  peace, 
until  otherwise  directed  by  law;  and  original  jurisdiction  in  all 
matters  of  contracts,  where  the  sum  in  conti'oversy  is  over  one 
hundred  dollars.  It  shall  hold  its  terms  at  such  place,  in  each 
county,  as  may  be,  by  law,  prescribed. 

Sec.  4.  The  state  shall  be  divided  into  convenient  circuits, 
to  con.'ist  of  counties  contiguous  to  each  other,  for  each  of 
whicli  a  judge  shall  be  elected,  who,  during  his  continuance  in 
otiice,  shall  reside,  and  be  a  conservator  of  the  peace,  within 
the  circuit  for  which  he  shall  have  been  elected.  The  General 
Assembly  shall  have  power  to  compel  the  judges  of  the  circuit 
courts  to  interchange  circuits,  either  temporarily  or  permanent- 
ly, under  such  regulations  as  may  be  provided  by  law;  and  if, 
at  any  time,  the  presiding  judge  of  the  circuit  court  of  any 
county  in  this  state,  shall  suddenly  depart  this  life,  within  five 
days  next  before  the  commencement  of  a  term  of  such  court, 
or  shall  become  sick,  or  unable  to  continue  to  hold  such  court 
after  its  term  shall  have  commenced,  or  shall  fail  to  attend  any 
term  of  the  circuit  court,  the  members  of  the  bar,  or  a  nif^jority 
of  them,  practicing  in  such  court,  and  being  in  attendance 
thereon,  may  call  any  one  of  their  number  to  preside  at  such 
court,  in  the  place  and  stead  of  the  regular  judge  of  said  coui-f, 
which  tact  shall  be  stated  on  the  record  of  such  court,  and  the 
person  so  called  to  preside  at  such  court,  shall  have  the  same 
power  and  authority  in  said  court  as  the  regular  judge  would 
have  had,  if  present  and  presiding;  but  this  authority  shall  cease 
at  the  close  of  the  term  at  which  the  appointment  shall  be 
made. 

Sec.  5.  The  circuit  courts  shall  exercise  a  superintending 
control  over  the  county  courts,  and  over  justices  of  the  peace, 
in  each  county,  in  their  respective  circuits;  and  shall  have 
power  to  issue  all  the  necessary  writs  to  carry  into  effect  their 
general  and  specific  powers. 


396  JOURNAL    OF 


Sec.  G.  Until  the  General  Assembl}^  shall  deem  it  expedient 
to  establish  courts  of  chancery,  the  circuit  courts  shall  have 
jurisdiction  in  matters  of  equity,  subject  to  revision  or  review, 
in  such  manner  as  the  General  Assembly  may  have,  or  shall 
hereafter  prescribe.  The  special  chancery  court,  heretofore 
created,  or  established,  for  the  county  of  Pulaski,  is  hereby 
confirmed,  in  the  jurisdiction  conferred  upon  said  court. 

Sec.  7.  The  judges  of  the  supreme  court  shall  be  elected  by 
the  General  Assembly,  until  otherwise  directed  by  law.  In 
electing  judges  of  the  supreme  court  by  the  General  Assembly, 
a  majority  of  the  whole  number,  on  joint  vote,  shall  be  neces- 
sary to  a  choice.  The  judges  of  the  supreme  court  shall  be  at 
least  thirty  years  of  age;  they  shall  hold  their  offices  during  the 
term  of  eight  years  from  the  date  of  their  commisdons,  and 
until  their  successors  are  elected  and  qualified — the  first  elec- 
tion under  this  constitution  to  take  place  at  the  session  of  the 
General  Assembly  next  before  the  expiration  of  the  term  for 
which  the  judges  of  the  supreme  court  now  in  office  expire, 
respectively. 

Sfc.  8.  The  qualified  voters  of  each  judicial  circuit  in  the 
State-of  Arkansas,  shall  el (?et  their  circuit  judges.  The  judges 
of  the  circuit  courts  shall  be  at  least  twenty-five  years  of  age, 
and  shall  be  elected  for  the  term  of  four  years,  from  and  alter 
the  dates  of  their  commissions,  and  until  their  successors  are 
elected  and  qualified — the  first  election  to  be  held  at  the  gene- 
ral election  next  before  the  expiration  of  the  commissions  of 
the  present  incumbents. 

Sec.  9.  The  supreme  court  shall  appoint  its  own  clerk,  or 
clerks,  for  the  term  of  four  years;  and  the  qualified  voters  of 
each  county,  shall  elect  a  clerk  of  the  circuit  court  for  their  re- 
spective counties,  who  shall  hold  his  ofiice  for  the  term  of  two 
years,  and  until  his  successor  is  elected  and  qualified — the  first 
election  of  circuit  clerks,  under  this  constitution,  to  be  held  at 
the  general  election  next  before  the  expiration  of  the  commis- 
sions of  the  present  incuiubents.  Courts  of  chancery,  when 
established,  shall  appoint  their  own  clerks. 

Sec.  10.  The  judges  of  the  supreme  court  shall,  at  stated 
times  receive  a  contpensation  for  their  services,  to  be  ascer- 
tained by  law,  which  shall  not  be  diminished  during  the  time 
for  which  they  are,  or  shall  be  elected.  They  shall  not  be 
allowed  any  fee  or  perquisites  of  office,  nor  hold  any  other 
ofiice  of  trust  or  profit,  under  this  state,  or  the  Confederate 
States  of  America.  The  state's  attorneys,  and  clerks  of  the 
supreme  and  circuit  courts,  and  courts  of  chancery,  if  any 
other  be  established,  shall  receive  for  their  services  such  sala- 
ries, fees  and  perquisites  of  office,  as  shall  be,  from  time  to  time, 
iixed  by  law. 

Sec.   11.  There  shall  be   established,  in  each  county  in  the 


THE    CONVENTION.  397 

state,  a  court,  to  be  holden  by  the  justices  of  the  peace,  and 
called  the  county  court,  which  shall  have  jurisdiction  in  all 
matters  relating  to  taxes,  disbursements  of  money  for  county 
purposes,  and  in  every  other  case  ihat  may  be  necessary  to  the 
internal  improvement  and  local  concerns  of  the  respective 
counties. 

Sec.  12.  There  shall  be  elected,  by  the  justices  of  the  peace 
of  the  respective  counties,  a  presiding  judge  of  the  county 
court,  to  be  commif^sioned  by  the  governor,  and  hold  his  oilicc 
for  the  term  of  two  years,  and  until  his  successor  is  elected  and 
qualified.  The  first  election  unJer  this  section  shall  take 
place  at  the  term  of  the  county  courts  next  before  the  commis- 
sions of  the  present  incumbents  expire.  The  presiding  judge, 
of  the  county  court,  in  addition  to  the  duties  that  may  be  re- 
quired of  him  by  law,  as  such  presiding  judge,  shall  be  a  judge 
of  the  court  of  probate,  and  have  such  jurisdiction  in  matters 
relative  to  the  estates  of  deceased  persons,  executors,  adminis- 
trators and  guardians,  as  may  be  prescribed  bylaw,  until  other- 
wise directed  by  the  General  Assembl3^ 

Seo.  18.  The  presiding  judge  of  the  county  court,  in  each 
county,  in  addition  to  the  jurisdiction  and  powers  above  declared 
and  set  forth,  shall,  with  five  free-holders,  residents  of  his 
county,  to  be  summoned,  for  that  purpose,  b}'^  the  clerk,  at  his 
request,  constitute  a  court  for  the  trial  of  all  charges  of  a  crimi- 
nal or  penal  nature  against  slaves  in  his  county,  whether  said 
charges  be  simple  misdemeanors  or  high  capital  felonies.  In 
the  trial,  of  which  no  indictments  or  presentments  shall  be 
necessary,  but  in  all  cases,  the  court,  so  constituted,  shall  pro- 
ceed to  try  slaves  charged,  upon  warrants  that  may  be  issued, 
allowing  them  counsel,  to  he  paid,  in  ail  cases,  by  the  owner  of 
such  slave  or  slaves,  to  be  taxed  by  such  court.  The  verdict 
and  judgment  thereon,  shall  be  final,  and  not  subject  to  review 
by  any  superior  court  in  this  state. 

Sec.  14.  No  judge  shall  preside  on  the  trial  of  any  cause,  in 
the  event  of  which  he  may  he  inserested,  or  where  cither  of  the 
parties  shall  be  connected  with  him  by  afiinity  or  consanguinity, 
within  such  degrees  as  may  be  prescribed  by  law,  or  in  which 
he  may  have  been  of  counsel,  or  have  presided  in  any  inferior 
court,  except  by  consent  of  all  the  parties.  In  case  all  or  any 
of  the  judges  of  tne  supreme  court  shall  be  thus  disqualified 
from  presiding  on  anv  cause  or  causes,  the  court  or  judges 
thereof,  shall  certify  the  same  ti)  the  governor  of  the  state,  and 
he  shall  immediately  commission  specially,  the  requisite  nuir- 
ber  of  men,  of  law  knowledge,  for  the  trial  and  determination 
thereof.  Judges  shall  not  charge  juries  with  regard  to  matter 
of  fact;  but  may  state  the  te>timony  and  declare  the  law. 

Snc.  15.  The  qualified  voters  of  each  judicial  circuit  shall 
elect  a  prosecuting  attorney  for  the  state,  who  shall  continue  in 


398  JOUENAL    OF 


office  for  two  years,  and  until  his  successor  is  elected  and  quali- 
fied. The  first  election  under  this  constitution  shall  take  place 
at  the  general  election  next  before  the  expiration  of  the  com- 
missions of  the  present  incumbentf.  Sueh  attorney  shall  re- 
side in  the  circuit  lor  which  he  is  elected.  If  an  attorney  for 
the  state  shall  fail  to  attend  and  prosecute  according  to  law, 
the  court  shall  have  power  to  appoint  one  pro  tempore.  The 
attoi-ney  for  the  circuit  in  which  the  supreme  court  is  held,  shall 
attend  the  court  and  prosecute  for  the  state. 

Sec.  16.  All  writs  and  other  process  shall  run  in  the  name  of 
"  The  State  of  Arkansas,"  and  bear  teste  and  be  signed  by  the 
clerks  of  the  respective  courts  from  which  they  issue.  Indict- 
ments shall  conclude,  "  against  the  peace  and  dignity  of  the 
State  of  Arkansas. 

Sec.  17.  The  qualified  voters  residing  in  each  township,  shall 
elect  the  justices  of  the  peace  for  their  respective  townships. 
For  every  fifty  voters  there  may  be  elected  one  justice  of  the 
peace;  Provided,  That  each  township,  however  small,  shall 
have  two  justices  of  the  peace;  justices  of  the  peace  thall  be 
elected  for  the  term  of  two  years,  and  shall  be  commissioned 
by  the  governor  and  reside  in  the  township  for  vi'hich  they 
were  elected,  during  their  continuance  in  office.  The  first  elec- 
tion for  justices  of  the  peace  under  this  constitution,  shall  take 
place  at  the  next  general  election,  and  those  in  office  at  this 
lime  shall  continue  in  such  until  their  successors  are  elected 
and  qualified;  justices  of  the  peace  shall  have,  individually,  or 
two  or  more  of  them,  jointly,  exclusive  original  jurisdiction  in 
all  matters  of  contract  and  in  actions  for  the  recovery  of  fines 
and  forfeitures,  where  the  amount  claimed  does  not  exceed  one 
hundred  dollars,  and  in  actions  and  prosecutions  for  assault  and 
battery,  and  other  penal  offences  less  than  felony,  which  may 
be  punishable  b}^  fine  only.  They  may  also  pit  as  examining 
courts,  and  commit,  discharge,  or  recognize  any  person  charged 
with  any  crime,  of  any  grade.  For  the  foregoing  purposes, 
they  shall  have  power  to  issue  all  necessary  process.  They 
shall  also  have  power  to  bind  to  keep  the  peace  or  for  good 
behavior. 

Sec.  18.  The  qualified  voters  of  each  township  shall  elect 
one  constable,  for  the  term  of  two  years,  who  shall,  during  his 
continuance  in  office,  reside  in  the  township  for  which  he  was 
elected.  The  constables  now  in  office  shall  continue  until  their 
te^ms  expire,  and  the  first  election  under  this  constitution  shall 
be  held  at  the  next  general  election.  Incorporated  towns  and 
cities,  may  have  their  own  or  separate  constables. 

Sec.  19.  The  qualified  voters  of  each  county  shall  elect  one 
sherifi",  one  coroner,  one  treasurer,  and  one  county  surveyor, 
for  the  term  of  two  years,  at  the  election  next  before  the  term 
of  those  now  in  oflice  expire.     The}^  shall  be  commissioned  by 


THE    CONVENTION.        '  399 


the  governor,  reside  in  their  .respective  counties  during  their 
continuance  in  office,  and  be  di^^qualilied  for  the  office  a  second 
time,  if  it  should  appear  that  they,  or  either  of  them  are  in 
default  for  any  moneys  collected  by  virtue  of  their  respective 
offices. 

ARTICLE  VII. 

GENERAL    PROVISIONS EDUCATION. 

Section  1 .  Knowledge  and  learning,  generally  diffused  through 
a  community,  being  essential  to  the  preservation  of  a  J'ree 
government — and  diffusing  the  opportunities  and  advantages 
of  education  thrcugh  the  various  parts  of  the  state,  being 
highly  conducive  to  this  end;  therefore,  it  shall  be  the  duty  of 
the  General  Assembly  to  apply  any  and  all  funds  which  maj^ 
be  raised  for  the  purpose  of  education,  to  the  accomplishment 
of  the  object  for  which  they  may  be  raised;  and  from  time  to 
time,  to  pass  such  laws  as  shall  be  calculated  to  encourage 
intellectual,  scientific  and  agricultural  improvement,  by  allow- 
ing rewards  and  immunities  for  the  promotion  and  improve- 
ment of  arts,  science,  commerce,  manufactures  and  natural 
history;  and  countenance  and  encourage  the  principles  of 
humanity,  industry  and  morality. 

Sec.  2.  Treason  against  the  state  shall  consist  only  in  levying 
war  against  it,  or  adhering  to  its  enemies,  giving  them  aid  and 
comfort.  No  person  shall  be  convicted  of  treason  unless  on 
the  testimony  of  two  witnesses,  to  the  same  overt  act,  or  their 
own  confes.~ion  in  open  court. 

Sec.  3.  'Khe  General  Assembly  shall  have  no  power  to  pass 
laws  for  the  emancipation  of  slaves,  without  the  consent  of 
their  owners. 

Sec.  3.  No  person  who  denies  the  being  of  a  God,  shall  hold 
any  office  in  the  civil  department  of  this  state,  nor  be  allowed 
his  oath  in  an}'  court. 

Sec.  5.  No  money  shall  be  drawn  from  the  treasury,  but  in 
consequence  of  an  appropriation  by  law,  nor  shall  any  ajipro- 
priation  of  money,  for  the  support  of  an  army,  I  e  made  for  a 
longer  term  than  two  years;  and  a  regular  statement  and 
account  of  the  receipts  and  expenditures  of  all  public  money 
shall  be  published  with  the  promulgation  of  the  laws. 

Sec  6.  Absence  nn  business  for  this  state,  or  for  the  Con- 
federate States  of  America,  or  on  a  visit,  or  on  necessary  pri- 
vate business,  shall  not  cause  a  forfeiture  of  a  residence  once 
obtained. 

Sec.  7.  No  lottery  shall  ever  be  authorized  by  this  state,  nor 
shall  the  sale  of  lottery  tickets  be  allowed. 

Sec  8.  Internal  improvement  shall  be   encouraged  by  the 


400  JOURNAL    OF 


government  of  this  state,  and  it  ehall  be  the  duty  of  the  Gene- 
ral Assembly,  as  soon  as  may  be,  to  make  provisions,  by  law, 
for  ascertaining  the  proper  objects  of  improvement,  in  relation 
to  roads,  canals  and  navigable  waters;  and  it  shall  also  be  their 
duty  to  provide,  by  law;  for  an  equal,  systematic,  and  econn- 
raical  application  of  funds,  which  may  be  appropriated  to  these 
objects. 

Sec.  9.  Returns  of  all  elections  for  officers  who  are  to  be 
commissioned  by  the  governor,  and  for  members  of  the  Gene- 
ral Assembl}',  shall  be  made  to  the  secretary  of  state. 

Sec.  10.  Within  ten  years  from  the  session  of  the  General 
Assembly,  begun  and  held  on  the  first  Monday  in  November, 
eighteen  hundred  and  fifty-six,  and  everj'^  ten  years  thereafter, 
the  laws,  civil  and  criminal,  of  this  state,  shall  be  revised, 
digested  and  arranged,  and  promulgated  in  such  manner  as  is 
now  provided  by  law. 

Sec.  11.  In  the  event  of  the  annexation  of  any  territory  to 
this  state,  by  cession  from  the  Confederate  States  of  vVmerica, 
or  from  any  other  source,  laws  may  be  passed  extending  to  the 
inhabitants  of  such  territory,  all  the  rights  and  privileges  which 
may  be  required  by  the  terms  of  such  cession,  anything  in  this 
constitution  to  the  contrary  notwithstanding. 

Sec.  12.  The  person  of  a  debtor,  except  where  there  is  sti'ong 
presumption  of  fraud,  shall  neithei-  be  imprisoned  nor  continued 
in  prison,  after  delivering  up  his  estate  for  the  benefit  of  his 
creditors. 

REVENUE. 

Sec.  1.  All  revenue  shall  be  raised  by  taxation, "to  be  fixed 
by  law. 

Sec.  2.  All  property,  subject  to  taxation,  shall  be  taxed  accord- 
ing to  its  true  value — that  value  to  be  ascertained  in  such 
manner  as  the  General  Assembly  may  direct;  making  the  same 
equal  and  uniform  throughout  the  state.  No  one  species  of 
propert}^  from  which  a  tax  may  be  collected,  shall  be  taxed 
higher  than  another  species  of  property  of  equal  value;  Pro- 
vided, The  General  Assembly  shall  have  power  to  tax  mer- 
chants, hawkers,  peddlers,  and  piivileges,  in  such  manner  as 
may,  from  time  to  time,  be  prescribed  by  law;  And  provided 
further.  That  no  other  or  greater  amount  of  revenue  shall,  at 
any  time,  be  levied  than  required  for  the  necessary  expenses  of 
the  government,  unless  by  a  concurrence  of  two-thirds  of  both 
houses  of  the  General  Assembly. 

Sec.  3.  No  poll  tax  shall  be  assessed  for  other  than  county 
purposes. 

Sec.  4.  No  other  or  greater  tax  shall  be   levied  on  the  pro- 


THE    CONVENTION.  401 

ductions  or  labor  of  the  country  than  may  be  required  for 
expenses  of  inspection. 

Sec.  5.  That  no  inconvenience  may  arise  from  this  change 
of  government,  we  declare  that  all  writ?!,  actions,  prosecutions, 
Judgments,  claims  and  contracts,  of  individuals  and  bodies 
corporate,  shall  continue  as  if  no  change  had  taken  place  in 
the  constitution  or  government  of  this  state;  and  all  process 
which  may  have  been  issued  under  the  authority  of  this  state, 
previous  to  this  lime,  shall  be  as  valid  as  if  issued  after  the 
adoption  of  this  constitution. 

Sec.  6.  All  laws  now  in  force  in  ihis  state,  which  are  not 
repugnant  to  this  constitution,  shall  remain  in  force  until  they 
expire  by  their  own  limitations,  or  be  altered  or  repealed  by 
the  General  Assembly. 

Sec.  7.  In  case  any  ordinance  which  may  have  been  passed 
by  this  convention  conflicts  in  any  respect  with  this  constitu- 
tion, and  the  ordinance  so  conflicting  herewith  provides  that  it 
shall  only  have  efl>?ct  or  f  rce,  for  a  limited  time,  it  is  hereby 
declared  to  be  the  sense  of  this  convention,  that  such  ordinan- 
ces shall  have  eflect  rather  than  this  constitution. 

Sec.  8.  All  oflicers,  civil  and  military,  now  holding  commis- 
sions under  the  authority  of  this  state,  shall  continue  to  hold 
and  exercise  their  respective  oflices  until  they  shall  be  sus- 
pended under  the  authority  of  this  state,  ii;  pursuance  of  the 
provisions  of  this  constitution. 

Sec.  9.  All  elections  to  be  held  under  this  constitution  shall 
be  held  and  conducted  in  the  manner  and  at  the  time  and  place 
now  provided  by  law. 

Mr.  Flanagin  offered  the  following 

RESOLUTION: 

Resolved,  That  the  committee  on  state  aflairs  be  instructed 
to  report  a  bill  to  divide  the  state  into  four  congressional  dis- 
tricts. 

Which  was  adopted. 

The  memorial  of  A.  J.  Ward,  contractor  of  the  Arkansas 
penitentiary,  was  then  taken  up. 

jMr.  Flanagin  moved  its  reference  to  the  military  board; 
which  motion  was  lost. 

Upon  motion  of  Mr.  Stillwell,  said  memorial  was  referred  to 
a  select  committee  of  three  delegates. 

Whereupon  Mr.  President  appointed  iMessrs.  Watkins,  Flan- 
agin and  Yell  such  committee. 

2G 


JOURNAL    OP 


On  motion  of  Mr.  Bush,  the  convention  adjourned  until  to- 
morrow morning,  8  o'clock. 

THOMAS  B.  HANLY, 

President  pro  torn. 


Wednesday,  May  29th,  18G1, 

Convention  met. 

On  motion  of  Mr.  Batson,  Mr.  Hanly  was  called  to  the  chair, 
as  the  President  was  unable  to  be  present  on  account  of  sick-. 
ness. 

Roll  called. 

present: 

Messrs.  Adams  of  Izard,  Austin,  Baber,  Batson,  Bolinger, 
Bush,  Bussey,  Campbell,  Carrigan,  Clingman,  Crenshaw,  Cryer, 
Cypert,  Cochran,  Desha,  Dinsmore,  Dodson,  Dollarhide,  Fish- 
back,  Flanagin,  Floyd,  Fort,  Gould,  Grace,  Hanly,  Hawkins 
of  Ashley,  Hawkins  of  Sevier,  Hill,  Hiliiard,  Hobbs,  Hobson, 
Johnson,  Kelley,  Kennard,  Mayo,  Murphy,  Parks,  Patterson  of 
Jackson,  Patterson  of  Van  Buren,  Ray,  Rhodes,  Robinson, 
Siemens,  Smith,  Smoote,  Spivey,  Stallings,  Stillwell,  Stirman, 
Stout,  Tatum,  Totten  of  Arkansas,  Totten  of  Prairie,  Turner, 
Walker,  Wallace,  Watkins  and  Yell — 56. 

Mr.  Watkins  aeked  and  obtained  leave  of  absence  for  Mr. 
Grifnth;  Mr.  Smith  asked  and  obtained  leave  of  absence  for 
Mr.  Shelton,  and  Mr.  Floyd  asked  and  obtained  leave  of  absence 
for  Mr.  Jester. 

The  journals  of  the  two  preceding  days,  were  read,  approved 
and  signed. 

Mr.  Fishback  moved  to  suspend  the  rules  that  the  following 
resolution  introduced  by  him  yesterday  might  be  taken  up. 


i 


THE    CONVENTION.  403 


Hesohed,  That  the  rules  of  this  convention  be  so  amended 
as  to  render  a  majority  of  this  body  a  quorum  competent  to 
transact  all  business  within  the  powers  of  this  convention. 

Which  motion  did  not  prevail. 

Upon  request  of  Mr.  Floyd,  the  committee  on  landed  inter- 
terests  was  allowed  until  4  o'clock  to  report  on  the  sections 
from  IG  to  25  of  Ordinance  No.  15,  heretofore  referred  to  said 
committee. 

Ordinance  No.  15,  entitled  "  an  ordinance  to  prevent  giving 
aid  and  comfort  to  the  enemy,"  was  then  taken  up. 

The  first  section  was  read. 

Mr.  Cypert  moved  to  amend  by  striking  out  in  the  4th  line 
the  words,  "  offering  to  contract  an  alliance  with  and  in  due 
time  to  become,"  and  insert  the  word  becoming. 

Mr.  Grace  moved  to  lay  the  amendment  upon  the  table; 
which  motion  was  lost. 

Mr.  Flanagin  offered  the  following  as  a  substitute: 

Strike  out  in  2d  line  all  after  "  Arkansas,"  and  before  "now" 
in  the  5th  line,  and  insert  has  dissolved  the  union  with  the 
United  States  and  become  one  of  the  Confederate  States, 
whereby  she  has  become  involved  in  said  war. 

Which  substitute  was  accepted. 

Mr.  Patterson  of  Jackson,  offered  the  following  as  a  substitute 
for  the  amendment: 

Having  contracted  alliance  with  the  said  Confederate  States 
of  America,  have. 

Mr.  Lanier  moved  to  lay  the  amendment  and  proposed  sub- 
stitute upon  the  table,  and  called  the  previous  question;  which 
call  was  sustained,  and  Mr.  President  stated  the  question  as 
follows:  "  Shall  the  main  qu.estion  be  now  put?"  which  was 
decided  in  the  affirmative. 

The  question  was  then  stated  to  be  on  laying  the  amendment 
and  proposed  substitute  on  the  table;  which  prevailed. 

Mr.  Stillwell  offered  the  following  as  a  substitute  for  the  ordi- 
nance: 

Insert  after  caption — 

Whereas,  War  exists  between  the  United  States  of  America 
and  the  Confederate  States  of  America,  by  the  act  of  the  lor- 


404  JOURNAL    OF 


mer;  and  ichcjxas,  the  State  of  Arkansas,  by  dissolving  the 
union  between  herself  an(^  those  states  which  continue  to  be 
the  United  States  of  America,  and  by  offering  to  contract  an 
alliance  with  and  in  due  time  to  become  one  of  the  said  Con- 
federate States,  has  become  a  party  to  the  said  war:  now^ 
therefore, 

The  people  of  the  State  of  Arkansas,  in  general  convention 
assembled,  do  ordain: 

1st.  That  every  citizen  of  any  one  of  the  said  United  States 
of  America  is,  and  shall  henceforward  be  taken  and  regarded 
as  an  alien  enemy  of  the  people  of  the  Slate  of  Arkansas,  so 
long  as  the  state  whereof  he  is  a  citizen  shall  continue  to  be 
one  of  the  United  States,  or  at  war  with  the  said  Confederate 
States;  and  all  the  consequences  and  incidents  of  such  status 
of  alien  enemy  shall,  during  the  whole  of  such  time,  attach  to 
him  or  her;  and  the  same  law  and  rule  shall  apply  to  all  resi- 
dents of  the  District  of  Columbia,  and  of  any  territory  of  tue 
United  States,  so  long  as  such  district  or  territory  shall  continue 
to  be  held  and  occupied  by  tlie  said  United  States,  until  said 
state  of  war  shall  cease. 

Sec.  2.  Any  citizen  of  this  state,  or  person  resident  herein, 
who  shall,  after  the  adoption  of  this  ordinance,  pay  or  remit  to 
any  alien  enemy,  in  discharge  of  a  debt  or  otherwise,  any 
moneys  or  other  thing  of  value,  whatever,  or  shall  place  the 
same  in  the  hands  of  another,  to  be  so  paid  or  remitted,  and 
any  attorney  at  law,  or  other  person,  who  shall  collect,  or 
receive  from  any  person  in  this  state,  any  moneys  or  other 
thing  of  value,  for  any  alien  enemy,  or  on  account  of  a  debt 
due  any  alien  enemy,  or  shall  take  and  receive  in  trust,  by,  or 
without  conveyance,  any  property  or  moneys,  whatever,  for 
any  alien  enemy,  and  shall  pay  or  deliver  the  same  to  such 
alien  enemy,  shall  be  demeed  guilty  of  a  high  misdemeanor, 
and  of  giving  aid  and  comfort  to  the  enemy;  and  being  convic- 
ted thereof,  upon  indictment  in  the  proper  court  shall  be  im- 
prisoned in  the  jail  and  penitentiary  house  of  the  state,  not  less 
than  one  nor  more  than  hve  years,  and  pay  to  the  state,  for  the 
use  of  the  military  chest,  a  fine,  equal  to  the  amount  so 
received  for,  or  paid  over  to  the  enemy.  And  these  provisions 
shall  apply  to  all  attorneys  at  law,  who  permit  such  moneys  to 
be  collected  bj'  or  upon  execution  issued,  or  judgnrent  obtained 
in  the  name  of,  or  for  the  use  of  any  alien  enemy;  Provided, 
That  this  section  of  this  ordinance  shall  not  take  effect  until 
after  the  lapse  of  twenty  days  from  the  passage  of  this  ordi- 
nance, except  where  the  party  so  acting  shall  have  actual 
notice  hereof  at  an  earlier  period. 

Sec.  3.  Every  suit  now  pending  in  this  state,  in  any  form  of 


THE    CONVENTION.  405 

action  for  the  recovery  of  moneys,  the  plaintiff  or  either  of  the 
plaintitlri  in  which,  or  the  persons  lor  whose  use  the  suit  is 
brought,  either  actually  or  upon  the  record,  is  an  alien  enemy, 
shall  be  suspended  and  stand  continued,  until  the  disability  of 
such  plaintiff  or  person  is  removed;  ahd  every  execution  issued 
on  any  judgment  obtained  by  or  for  the  use  of  any  such  person 
or  persons,  shall  be  and  is  hereby  ordered  to  be  returned.  Such 
suit  shall  be  ordered  to  stand  continued  upon  motion  and  proof 
of  the  disability  of  the  plaintiff  or  beneficiary  in  each  and 
every  such  suit  summarily  heard;  and  such  execution  may  be 
returned,  on  motion  made  in  vacation  before  the  judge  of  the 
court,  who  shall  hear  such  proof  at  chambers,  and  summarily 
dispose  of  such  motion.  The  attorneys  or  counsel  of  the  plain- 
tiffs may  be  summoned  and  required  to  testify  full}',  upon  such 
motions,  without  regard  to  any  privilege  whatever;  and  there 
shall  be  no  formal  pleadings,  issue  or  trial;  Provided,  That  the 
lien  or  liens  nov^'  existing  b}^  virtue  of  any  such  judgment,  or 
levy  of  execution  or  executions  shall  not  by  means  hereof  in 
any  wise  be  impaired;  and  the  time*  for  which  collections  or 
payments  shall  be  by  means  hereof  suspended,  shall  not  be 
taken  or  considered  part  of  the  time  under  any  statute  of  limi- 
tations of  this  state. 

Sec.  4.  It  is  hereby  made  the  duty  of  every  such  attorney  at 
law,  forthwith  to  cause  every  such  execution  to  be  returned, 
and  to  continue  or  dismiss  every  such  suit. 

Sec.  5.  .That  all  sales  or  contracts  for  sales  of  any  lands 
holden  in  this  state  by  any  citizen  or  citizens,  corporation  or 
company,  resident  or  being  in,  or  citizen  of,  any  one  or  more 
of  said  United  States,  or  the  territories  thereof,  and  any  and 
all  l^ond  or  bonds,  or  other  assurances  or  agreements  or  con- 
tracts, for  title  to  any  such  lands,  made,  executed  or  agreed  to 
subsequent  to  the  6th  day  of  May,  A.  D.  18(31,  and  during  the 
disability  aforesaid  are  hereby  declared  to  be  utterly  and  abso- 
lutely void,  and  of  no  effect,  and  all  of  the  courts  of  this  state 
shall  so  hold  and  consider  the  same. 

Sec.  6.  That  all  persons,  firms  or  corporations,  within  thi.-? 
state,  who  are  now  indebted  to  citizens  or  corporations  of  any 
of  the  United  States,  or  territories  thereof,  or  the  District  of 
Columbia,  except  the  states  named  in  the  5th  section  of  this 
ordinance  may  pay  the  amount  of  their  indebtedness  to  the 
treasurer  of  this  state,  who  shall  execute  a  receipt  therefor  (o 
the  person,  firm  or  corporation  making  such  payment,  and  the 
faith  of  the  state  is  hereby  pledged  to  hold  them  harmless 
against  the  claims  or  demands  of  the  persons  or  corporations, 
to  whom  the  moneys  so  paid  may  be  due. 

Which  was  read. 

Mr.  Lanier  moved  to  lay  the  substitute  upon  the  table. 


406  JOURNAL    OF 


After  considerable  discussion,  the  convention,  on  motion  of 
Mr.  Wallace,took   a  recess  until  3  o'clock,  p.  m. 


3  o'clock,  p.  m. 
Convention  met. 
President  Walker  in  the  chair. 
Roll  called. 

present: 

Messrs.  Adams  of  Izard,  Austin,  Batson,  Bolinger,  Bush, 
Campbell,  Carrigan,  Crenshaw,  Cypert,  Cochran,  Desha,  Dins- 
more,  Dodson,  Dollarhide,  Floyd,  Fort,  Gould,  Grace,  Hanly, 
Hawkins  of  Ashley,  Hawkins  of  Sevier,  Hill,  Hilliard,  Hobbs, 
Johnson,  Kelley,  Lanier,  Mayo,  Murphy,  Parks,  Patterson  of 
Jackson,  Patterson  of  Van  Buren,  Ray,  Rhodes,  Robinson, 
Shelton,  Slemons,  Smith,  Smoote,  Spivey,  Stallings,  Stillvvell, 
Stirman,  Stout,  Tatum,  Totten  of  Arkansas,  Totten  of  Prairie, 
Turner,  Walker,  Wallace,  Yell  and  Mr.  President — 52. 

Mr.  Clingman  offered  the  following 

RESOLUTION: 

Resolved,  That  is  the  sense  of  this  convention  that  the  mem- 
bers thereof  use  their  influence  to  induce  citizens  of  this  state 
to  invest  their  means  in  the  bonds  of  the  Confederate  States. 

Which  was  adopted. 

Mr.  Floyd,  from  the  committee  on  landed  interest,  made  the 
following. 

REPORT: 

Mr.  President — 

The  standing  committee  on  the  landed  interest  of  the 
state,  to  whom  was  referred  all  of  that  portion  of  the  ordi- 
nance No.  15,  from  section  No.  17  to  No.  25,  inclusive,  have 
had  the  same  under  consideration,  and  have  instructed  me  to 
make  the  following  report: 


i 


THE    CONVENTION.  407 

That  the  whole  of  said  sections  have  been,  in  substance, 
adopted  by  sundry  ordinances  of  the  convention,  except  section 
No.  24,  which  section  is  herewith  reported  back  to  the  conven- 
tion for  their  deliberation,  and  the  committee  ref^pectfully  ask 
to  be  discharged  from  the  further  consideration  of  the  same. 

All  of  which  is  most  respectfully  submitted. 

WM.  W.  FLOYD,   Chairman. 

Which  report  was  adopted. 

The  consideration  of  the  substitute,  offered  by  Mr.  Stillwell, 
to  Ordinance  No.  15,  was  then  resumed;  the  question  being  on 
Mr.  Lanier's  motion  to  lay  on  the  table. 

After  arguments  by  Messrs.  Totten  of  Prairie,  Walker,  Smith, 
and  Totten  of  Arkansas,  the  question  was  stated  to  be  on  lay- 
ing the  substitute  on  the  table. 

Upon  which,  Mr.  Stillwell  called  for  the  yeas  and  nays,  which 
call  was  sustained,  ordered  and  had  with  the  following  result: 

Yeas — Messrs.  Adams  of  Izard,  Crenshaw,  Cryer,  Cochran, 
Dollarhide,  Grace,  Hanly,  Hawkins  of  Ashley,  Hill,  Hilliard, 
Johnson,  Lanier,  Mayo,  Patterson  of  Jackson,  Ray  Rhode?-, 
Robinson,  Shelton,  Slemons,  Smoote,  Spivey,  Tatum,  Totten 
of  Arkansas,  Totten  of  Prairie,  and  Yell — 26. 

Nays — Messrs.  Austin,  Baber,  Batson,  Bolinger,  Bush,  Camp- 
bell, Carrigan,  Clingman,  Cypert,  Desha,  Dinsmore,  Dodson, 
Fishback,  Flanagin,  Floyd,  Fort,  Gould,  Hobbs,  Hobson,  Kelley, 
Kennard,  Murphy,  Parks,  Patterson  of  Van  Buren,  Smith, 
Stallings,  Stillwell,  Stirman,  Stout,  Turner,  Walker,  Watkins 
and  Mr.  President — 33. 

So  the  substitute  was  not  laid  upon  the  table. 

Mr.  Desha  offered  the  following  amendment: 
Add  after  the  word  "  period,"   at  the   end  of  2d  section  of 
substitute,  the  following: 

Provided,  hmvever,  That  all  moneys  or  property,  of  any  kind 
soever,  now  belonging  to,  or  in  any  manner  connected  with,  or 
which  may  hereafter  belong  to,  or  be,  in  any  manner,  connected 
with  the  American  Bible  Society,  be,  and  the  same  are,  hereby 
exempted  from  the  provisions  of  this  ordinance  in  as  full  and 
complete  a  manner  as  if  the  same  had  not  been  adopted,  and 
all  citizens  of  the  State  of  Arkansas,  acting  as  agents  of  said 
society  within  the  state  shall  be  allowed  to  continue  the  distri- 


408  JOURNAL    OF 


bution  of  the  Bible  in  said  state,  free  from  any   molestation  or 
restriction. 

Which  was  adopted. 

Mr.  Gould  offered  the  following  amendment: 

Strike  out  all  after  the  1st  section  of  substitute,  and  insert — 

Sec.  — .  Be  it  further  ordahied,  That  no  persons  in  any  non- 
slaveholding  state,  or  of  said  territories,  their  agents  or  attor- 
neys in  this  state  shall  have  power  to  sue  or  collect  any  moneys 
owing  to,  or  for  any  property  claimed  by  the  citizens  of  any 
such  state  or  territory,  except  for  the  use  of  the  state,  during 
hostilities  betvA'een  Arkansas  and  the  federal  government;  and 
that  it  may  and  shall  be  lawful,  and  shall  be  the  duty  for  such 
debtors,  their  agents  and  attorneys,  to  pay  such  moneys  into 
the  state  treasury,  which  sums  shall  be  receipted  for  by  the 
treasurer,  and  shall  be  refunded  with  interest  upon  equitable 
principles,  upon  the  cessation  of  hostilities. 

Sec.  • — .  Be  it  further  ordained,  That  the  State  of  Arkansas 
will  hold  harmless  any  such  debtors,  agents  or  attorneys  who 
ma}'^  pay  into  the  treasury  any  such  moneys  as  aforesaid. 

Mr.  Fishback  offered  to  amend  the  amendment  by  adding  the 
following  proviso: 

Provided,  That  this  ordinance  shall  not  operate  to  the  preju- 
dice of  any  rights  of  such  debtors  under  any  stay  law  which 
may  hereafter  be  passed  by  this  body  or  by  the  legislature. 

Which  amendment  was  accepted;  and  the  amendment  as 
amended  was  lost. 

Mr.  Mayo  offered  to  amend  by  striking  out  the  word  "  may," 
in  second  section,  and  inserting  "  shall,''  and  after  the  word 
"treasurer"  insert  the  words  "subject  to  the  same  stay  as 
other  debts  of  the  same  character." 

Which  was  adopted. 

Mr.  Flanagin  moved  to  amend  the  3d  section,  by  adding 
after  the  word  "  record,"  the  words  "  or  in  secret  trust." 

Which  was  also  adopted. 

Mr.  Hanly  offered  the  following  additional  sections  to  the  sub- 
stitute: 

Sec.  — .  Before  any  resident,  inhabitant  or  citizen  of  any 
non-slaveholding  state  of  the  United  States,  shall  have  the 
fight  or  power  to  grant,  bargain  and  sell,  or  otherwise  convey 


THE   CONVENTION.  409 


or  transfer  any  real  estate  owned  by  him,  her  or  them,  lying 
within  thiri  state,  personal  application  shaU  be  made  by  such 
person  to  the  governor  of  this  state  for  license  or  authority  to 
make  such  conveyance,  and  the  governor  of  this  state  is  hereby 
prohibited  from  granting  to  any  such  person  license  or  authori- 
ty to  make  any  such  conveyance,  until  such  person  or  persons 
shall  first  pay  into  the  state  treasury  the  full  value  of  such  real 
estate,  which  fact  may  be  proved  by  the  certificate  oi  the  trea- 
surer of  this  state;  and  all  conveyences  made  by  any  such  per- 
son shall,  and  the  same  is,  hereby  declared  to  be  utterly  void 
and  of  none  efi^ect,  and  shall  communicate  to  the  purchaser  or 
grantee  no  title  in  or  to  puch  real  estate. 

Sec.  — .  Any  person  departing  this  life,  who  may  have  been 
an  inhabitant,  resident  or  citizen  of  either  of  the  non-slave- 
holding  states  or  territories  of  the  United  States,  on  the  (5th  day 
of  May,  A.  D.  18(51,  or  since  that  time,  up  to  the  passage  of 
this  ordinance,  and  owning  any  real  estate  in  this  state,  the 
same  and  every  part  of  such  real  estate  shall  escheat  to  and 
vest  in  this  state,  as  is  now  provided  for  in  chapter  05,  Gould's 
Digest,  under  the  head  of  "  Escheats." 

Mr.  Fishback  moved  to  lay  the  proposed  amendment  upon 
the  table;  which  motion  prevailed,  on  division. 

Mr.  Flanagin  (offered  the  following  additional  section: 

J]e  it.  further  ordained,  That  in  case  a  claim  shall  be  due  to 
plaintills,  one  or  more  of  which  shall  not  be  alien  enemies,  a 
suit  may  be  brought  in  the  name  of  the  citizen  or  alien  friend, 
ibr  so  much  as  shall  be  due  bins,  and  it  shall  be  sufficient  for 
the  plaiatitf  to  aver  that  the  other  claimant  is  an  alien  enemy, 
and  the  courts  may  order  an  execution,  for  a  portion  of  any 
judgment,  when  it  shall  appear  that  such  portion  is  due  to  a 
person  authorized  to  sue. 

Which  was  adopted. 

Mr.  Lanier  offered  the  following  amendment: 

^Provided,  That  all  lawyers  in  this  state  be  compelled  to  pay 
over  to  the  state  all  moneys  they  may  now  have,  or  that  may 
hereatter  come  into  their  hands,  belonging  to  individuals  or 
corporations,  living  in,  or  located  in,  any  of  the  United  States 
or  iis  territories,  except  the  States  of  Missouri,  Kentucky, 
North  Carolina  or  Maryland;  and,  upon  failure  of  any  lawyer 
in  this  state,  to  pay  over  said  money  within  sixty  days  after  the 
passage  of  this  ordinance,  or  the  receipt  ol  said  money,  or  to 
give  satisfactory  security  for  the  same,  or  proof  ol  his  insol- 
vency, he  shall  be  deemed  guilty  of  felony,  and  punished  ac- 
cordingly. 


410  JOURNAL    OF 


Mr.  Turner  moved  to  lay  the  amendment  upon  the  table. 

Mr.  Lanier  called  for  the  yeas  and  nays. 

Which  was  sustained,  ordered  and  had  with  the  following 
result. 

Yeas— Messrs.  Austin,  Bush,  Campbell,  Cypert,  Cochran, 
Desha,  Dinsmore,  Fishback,  Floyd,  Fort,  Grace,  Hawkins  of 
Ashley,  Kelley,  Murphy,  Stallings,  Stillwell,  Turner,  Walker, 
Watkins,  Yell  and  Mr.  President— 21. 

Nays— Messrs.  Adams  of  Izard,  Baber,  Batson,  Bolinger, 
Carri^an,  Clingman,  Crenshaw,  Cryer,  Dodson,  Dollarhide, 
Flanagin,  Gould,  Hanly,  Hill,  Hilliard,  Hobbs,  Hobson,  John- 
son, Lanier,  Mayo,  Parks,  Patterson  of  Jackson,  Patterson  of 
Van  Buren,  Ray,  Rhodes,  Robinson,  Shelton,  Siemens,  Smith, 
Smoote,  Spivey,  Stirman,  Stout,  Totten  of  Arkansas,  Totten 
of  Prairie  and  Wallace — 36. 

S®  the  amendment  was  not  laid  on  the  table. 

Mr.  Slemons  moved  to  amend  the  amendment  by  striking 
out  the  word  "  lawyers,"  wherever  it  occurs,  and  inserting  "per- 
sons" in  lieu  thereof. 

Pending  which,  Mr.  Watkins,  on  leave,  introduced  the  fol- 
lowing 

ORDINANCE  No.  08. 

Beit  ovdained  by  the  people  of  the  State  of  Arkansas,  in  con- 
vention assembled,  That  it  shall  be  lawful  for  the  county  court 
of  any  county  in  this  state,  upon  the  call  of  the  presiding  judge 
of  said  court,  at  such  time  as  he  m.ay  appoint,  to  hold  a  special 
session  of  said  court,  with  power  to  transact  any  and  all  busi- 
ness which  may  come  before  it,  and  within  the  scope  of  its 
jurisdiction. 

Which  was  adopted. 

Mr.  Watkins  also  presented  a  communication  from  the  ladies 
of  Little  Rock,  accompanied  by  a  design  for  a  state  flag,  which, 
on  his  motion  was  referred  to  the  select  committee  appointed 
to  report  a  flag  and  device  for  coat  of  arms. 

On  motion  of  Mr.  Flanagin,  the  convention  adjourned  until 
9  o'clock,  to-morrow  morning. 

DAVID  WALKER, 

Fresident. 


THE    CONVENTION.  411 

Thursday,  May  SOth,  1861. 
Convention  met. 
Roll  called. 

present: 

Messrs.  Adams  of  Izard,  Austin,  Baber,  Batson,  Bolinger, 
Bush,  Campbell,  Carrigan,  Clingman,  Crenshaw,  Cryer,  Cypert, 
Cochran,  Dinsmore,  Dodson,  DoUarhide,  Fishback,  Flanagin, 
Floyd,  Fort,  Grace,  Hanly,  Hawkins  of  Ashley,  Hawkins  of 
Sevier,  Hill,  Hilliard,  Hobbs,  Hobson,  Johnson,  Kelley,  Ken- 
nard,  Lanier,  Mayo,  Murphy,  Parks,  Patterson  of  Jackson,  Pat- 
terson of  Van  Buren,  Ray,  Rhodes,  Robinson,  Smoote,  Spivey, 
Stallings,  Stillwell,  Stirman,  Stout,  Tatum,  Totten  of  Arkansas, 
Turner,  Walker,  Yell  and  Mr.  President— 52. 

The  journal   of  yesterday  was  read,  approved   and  signed. 

Mr.  Stirman,  on  leave  introduced 

ORDINANCE  No.  G9. 

Ue  it  ordained  by  the  people  of  (he  State  of  Arkansas  in  con- 
vention assembled,  That  the  lands  of  the  Fort  Wayne  reserve 
shall  not  be  offered  for  sale  until  the  first  Monday  of  October 
next;  after  sixty  days  notice  of  the  same. 

Which  was  read  and  adopted. 

On  motion  of  Mr.  Baber,  Mr.  Kennard  was  added  to  the 
committee  on  enrollments. 

The  consideration  of  the  substitute  offered  by  Mr.  Stillwell, 
for  ordinance  No.  15,  was  then  resumed. 

Mr.  President  stated  the  question  to  be,  on  the  adoption  of 
the  amendment  of  Mr.  Lanier. 

Mr.  Carrigan  moved  to  postpone  the  amendment  indefinitely. 

Upon  which  motion  Mr.  Robinson  called  for  the  yeas  and 
nays,  which  was  sustained  and  had  with  the  following  result: 

Yeas— JMessrs.  Austin,  Bolinger,  Bush,  Campbell,  Carrigan, 
Clingman,  Cypert,  Cochran,  Desha,  Dinsmore,  Dodson,  Fish- 
back,  Flanagin,  Floyd,  Fort,  Gould,  Hobbs,  Hobson,  Kelley, 
Kennard,  Murphy,  Parks,  Patterson  of  Van  Buren, Smith,  Stall- 
ings, Stillwell,  Stirman,  Stout,  Turner,  Walker,  Yell  and  Mr. 
President — 32. 

Nays— Messrs.  Adams  of  Izaxd,  Baber,  Batson,  Bussey,  Cren- 


412  JOURNAL    OF 


shaw,  Cryei',   Dollarhide,  Grace,  Hcinly,  Hawkins    of  Ashley, 
Havvkiiid    of   Sevier,    Hill,    Hilliard,  Johnson,   Lanier,  Mayo, 
Patterson  of  Jackson,  Ray,  Rhodes,  Robinson,  Shelton,  Slemons, 
Smoote,   Spivey,  Totten  of  Arkansas,  and  Wallace — 26. 
So  the  amendment  was  postponed  indefinitely. 

Mr.  Flanagin  moved  to  strike  out  the  proviso,  at  the  end  of 
the  3d  section. 

Which  motion  prevailed. 

Mr.  Mayo  offered  the  following  as  an  additional  section: 

Provided,  That  agents  or  attorneys  that  may  have,  or  may 
hereafter  have  money  belonging  to  any  citizen  of  the  non- 
slaveholding  states,  shall  pay  said  money  into  his  respective 
county  treasury  lor  the  use  and  benefit  of  the  state,  within  60 
days  after  the  passage  of  this  ordinance,  and  on  failure  to  do 
so  he  shall  be  fined  not  less  than  double  the  amount  of  the 
amounts  withheld — to  be  collected  as  other  fines  now  are;  And 
provided  further,  That  all  persons  being  indebted  to  citizens  of 
the  non-slaveholding  >:^tates,  or  holding  evidences  of  indebted- 
ness to  the  same,  shall  report  the  same  to  the  clerk  of  his  re- 
spective county  court,  who  shall  keep  a  register  of  the  same — 
and  attorneys  holding  the  evidences  of  such  debts,  may  be 
allowed  to  bring  suit  for  the  same — and  Jor  such  indebtedness 
it  shall  be  the  duty  of  fhe  various  district  attorneys  to  collect 
and  bring  suit  for  said  indebtedness,  and  thej'  shall  be  required 
to  give  a  sufficient  bond  for  their  future  performance  ot  said 
duty,  said  debtors  shall  be  allowed  such  stays  as  may  be  allowed 
to  the  debtors  of  the  same  character.    . 

Which,  on  motion  of  Mr.  Gould,  was  laid  on  the  table. 

Mr.  Mayo  offered  the  following  as  an  additional  section: 

Be  it  ordained,  That  all  debts  hereafter  contracted  by  any  of 
our  citizens  for  arms  and  munitions  of  war,  or  for  provisions 
or  meat,  with  the  citizens  of  the  non-slaveholding  states,  shall 
hold  good  in  law  and  in  equity  as  heretofore. 

Mr.  Gould  moved  to  amend  by  inserting  the  words  "  Arizo- 
nia  and  New  Mexico,"  at  the  end  of  section  5,  which  was 
adopted. 

Mr.  Turner  moved  to  amend  by  striking  out  the  word  "  shall  " 
in  section  6,  and  inserting  the  word  "  maj'." 
Which  motion  did  not  prevail.     ' 


THE    CONVENTIOX.  413 


Mr.  Kennard  offered  the  following  amendment  to  the  ordi- 
nance: 

"  All  moneys  received  in  the  state  treasury  from  citizens  of 
this  state,  under  the  operation  of  this  ordinance,  who  are  in- 
debted to  citizens  of  the  United  States,  shall  be  accounted  for 
and  paid  to  such  creditors  by  the  :?tate,  upon  a  final  adjustment 
of  pendin;^  difficulties  between  the  Confederate  States  ami 
the  United  States,  under  the  terms  of  a  treaty  of  peace  that 
may  be  negotiated  between  the  Confederate  States  and  the 
United  States. 

Which,  on  motion  of  Mr.  Patterson,  of  Jackson,  was  adopted. 

Mr.  Watkins  moved  to  reconsider  the  vote  taken  yesterday, 
which  inserted  the  word  "  shall,"  in  the  Gth  section  in  place  of 
the  word  "  may,"  upon  which  motion  Mr.  Patterson,  of  .Tack- 
son,  called  for  the  yeas  and  nays;  which  call  was  had  with  the 
following  result: 

Yeas— Messrs.  Austin,  Baber,  Bolinger,  Bush,  Campbell,  Car- 
rigan,  Clingman,  Cypert,  Dinsmore,  Fishback,  Flanagin,  Kel- 
ley,  Murphy,  Patterson  of  Van  Buren,  Smith,  Stallings,  Still- 
well,  Stout,  Turner,  Walker,  Watkins  and   Mr.  President— 22. 

Nays— Messrs.  Adams  of  Izard,  Batson,  Bussey,  Cryer,  Coch- 
ran, Desha,  Dodson,  Floyd,  Fort,  Gould,  Grace,  Ilanly,  Hawk- 
ins of  Ashley,  Hill,  Hilliard,  Hobbs,  Hobson,  Johnson,  Ken- 
nard, Lanier.  Mayo,  Parks,  Patterson  of  Jackson,  Ray,  Rhodes, 
Robinson,  Shelton,  Slemons,  Smootc,  Spivey,  Stirman,  Tatum, 
Totten  of  Arkansas,  Wallace  and  Yell — 35. 

So  the  vote  was  not  reconsidered. 

Mr.  Gould  moved  to  adopt  the  substitute'^as  amended  and 
called  for  the  yeas  and  nays,  which  call  was  sustained,  ordered 
and  had  with  the  following  result: 

Yeas — Messsrs.  Adams  of  Izard,  Austin,  Baber,  Batson,  Bus- 
sey, Carrigan,  Cryer,  Cypert,  Cochran,  Desha,  Dodson,  Dol- 
larhide,  Flanagin,  Floyd,  Fort,  Gould,  Grace,  Hanly,  Hawkins 
of  Ashley,  Hawkins  of  Sevier,  Hill,  Hilliard,  Hobbs,  Hobson, 
Johnson,  Kelley,  Kennard,  Lanier,  Mayo,  Parks,  Patterson  of 
Jackson,  Patterson  of  Van  Buren,  Ray,  Rhodes,  Shelton,  Siem- 
ens, Smith,  Smoote,  Spivey,  Stallings  Stillwell,  Stirman,  Stout, 
Tatum,  Totten  of  Arkansas,  Walker,  Wallace,  Watkins  and 
Yell— 49. 


414  JOURNAL    OF 


Nays— Messrs.  Bolinger,  Bush,  Campbell,  Ciingman,  Dins- 
more,  Fishback,  MurpAy,  Robinson,  Turner  and  Mr.  Presi- 
dent—10. 

So  the  substitute  was  adopted. 

Mr.  President  made  a  verbal  explanation  of  his  vote,  saying 
that  he  considered  the  questions  contained  in  the  substitute  as 
peculiarly  within  the  jurisdiction  of  the  confederate  states 
alone. 

Mr.  Ciingman  made  the  following  written  explanation  of  his 
vote: 

"  As  an  explanation  of  my  vote  I  would  respectfully  submit 
that  this  state  can  only  suspend  such  payments,  and  that  the 
Confederate  States  aione  can  confiscate  in  the  Confederate 
States.     The  act  is  sovtrcign — the  act  of  a  nation. 

Messrs.  Grace,  Totten  of  Arkansas  and  Ray,  made  the  fol- 
lowing explanation  of  iheir  votes: 

"  An  ordinance  to  prevent  giving  aid  and  comfort  to  the 
enemy." 

We  vote  for  this  ordinance  because  we  can  get  nothing  better. 
We  are  opposed  to  that  portion  of  the  ordinance  which  pledges 
the  faith  of  the  state  to  account  for  the  money  which  may  be 
placed  in  the  treasury  of  this  state,  under  the  operation  of  thi3 
ordinance.     We  are  in  favor  of  absolute  confiscation. 

W.  P.  GRACE, 
JAMES  L.  TOTTEN, 
A.  RAY. 

Mr.  Turner  submitted  the  following  explanation  of  his  vote. 

Mr.  President — 

I  am  in  favor  of  that  part  of  the  ordinance  which  provides 
for  the  suspension  of  debts  due  from  citizens  of  the  State  of 
Arkansas  to  citizens  of  the  United  States,  and  also  of  that,  part 
of  said  ordinance  prohibiting  the  transmission  of  money,  or 
other  property,  by  citizens  of  Arkansas  to  persons  residing  in 
said  United  States,  but  in  as  much  as  said  ordinance  makes  it 
imperative  on  debtors  of  this  sttxte  to  pay  their  indebtedness 
due  1o  citizens  of  said  United  States  into  the  state  treasury — 
and  regarding  this  as  a  confiscation  of  said  indebtedness,  I 
voted  "no." 

Mr.  Kennard  introduced  the  folJowing 


THE  CONVENTION.  415 

ORDINANCE  No.  70. 

An  Ordinance  Supphmentary  to  an  ordinance  entitled  '  An  or- 
dinance to  provide  revenue  for  the  Stale  of  Ar/,ansns. 

Be  it  ordained  by  the  people  of  the  Sla-e  of  A}-kansa'i  in  con- 
vention assembled,  That  the  ordinance  entitled,  "  An  ordinance 
to  provide  revenue  for  the  State  of  Arkansas,"  adopted  May 
29th,  18H1,  shall  not  be  so  construed  as  that  said  ordinance  shall, 
in  any  manner  conflict  with  the  first  section  of  an  ordinance, 
entitled,  "  An  ordinance  to  provide  for  the  payment  of  debts 
due  from  the  government  of  the  United  States  to  citizens  of  the 
State  of  Arkansas,  out  of  moneys  seized  from  the  United 
States,  by  the  State  of  Arkansas,  appropriated  by  the  ordi- 
nance last  aforesaid,  shall  not  be  included  in  the  moneys  ap- 
propriated as  a  part  of  the  revenue  of  the  state,  by  the  ordi- 
nance to  which  this  ordinance  is  supplemental. 

Which  ordinance,  on  motion  of  Mr.  Floyd,  was  adopted. 

Mr.  Flanagin  offered  amendments  to  the  ordinance  creating 
revenue  for  the  state,  which  were  referred  to  the  committee  on 
ways  and  means,  without  being  read. 

Mr.  Gould  introduced  the  following 

ORDINANCE  No.  71. 

An  Ordinance  For  the  stay  of  executions. 

Sec.  1.  Be  it  ordained  hy  the  people  of  the  State  of  Ar/:ansi:.s 
in  com^ention  assembled,  That  nn  execution  shall  be  issued  upon 
any  judgment  or  decree,  founded  ypon  any  debt  contracted  or 
liability  incurred,  of  a  civil  nature,  prior  to  ihe  Otli  day  of  May, 
18G1,  until  the  further  order  of  this  convention,  or  of  the  Gene- 
ral Assembly  of  the  State  of  Arkansas,  at  a  regular  session, 
except  in  cases  hereinafter  mentioned. 

Sec.  2.  Be  it  farther  ordained,  That  in  any  case,  when  the 
plaintiff  or  any  person  for  him,  shall  file  wi'h  the  clerk  of  tiie 
circuit  court,  or  with  a  justice  of  the  peace,  an  allidavit  that 
any  defendant  in  any  such  judgment,  is  about  to  remove  his 
property  from  the  state  with  an  intention  of  defrauding  his 
creditors,  it  shall  be  the  duty  of  such  clerk  or  justice  to  issue  an 
execution  upon  such  judgment  against  such  defendant;  Provi- 
ded, That  the  fact  of  such  supposed  intention  of  removal  shall 
be  put  in  issue  before  the  court  or  justice,  before  which  such 
execution  is  returnable,  and  if  such  issue  be  found  for  the  plain- 
tiff, the  execution  shall  be  executed,  and  sales  on  such  execu- 
tions from  the  circuit  court  may  be  made  on  any  day  of  the 
term,  as  ordered  by  the  court,  but  if  such  issue  be  found  for  the 
defendant  the  execution  shall  be  quashed. 


416  JOURNAL    OF 


3d.  Be  it  further  ordained,  That  judgments  and  decrees  of 
the  circuit  court  as  well  as  those  already  rendered  as  those 
hereafter  to  be  rendered,  shall  be  liens  upon  slaves  to  the  same 
extent,  and  in  the|same  manner  as  judgments  and  decrees  are 
now  a  lien  upon  real  estate. 

4th.  Beit  further  ordained,  That  executions  upon  suc1i  judg- 
ments may  issue  upon  such  judgments  which  are  wholly  for  the 
benefit  of  minor  children;  Provided,  That  not  more  than  ten  per 
cent,  of  the  amount  of  such  judgments  shall  be  collected  in 
any  one  year. 

Sec.  5.  Beit  further  ordained,  That  the  provisions  of  this  ordi- 
nance shall  apply  to  sales  under  mortgages  and  deeds  of  trust, 
executed  prior  to  the  6th  day  of  May,  1861,  wherein  sales  are 
authorized  to  be  made  by  individuals,  in  the  same  manner  and 
to  the  same  extent  as  though  such  sales  were  to  be  made  by 
execution  or  decretal  order  by  operation  of  law. 

Sec.  — .  The  provisions  of  this  ordinance  shall  apply  to  exe- 
cutions already  issued  upon  such  judgments,  and  shall  be  im- 
mediately returned;  and  the  provisions  of  this  ordinance  shall 
apply  to  judgments  and  decrees  hereafter  to  be  rendered  upon 
such  contracts  or  liabilities,  as  well  as  to  such  judgments  and 
decrees  already  rendered. 

Mr.  Watkins  introduced 

ORDINANCE  No.  72, 

Entitled  "  an  ordinance  concerning  the  collection  of  debts." 
On  motion  of  Mr.  Watkins,  both  ordinances,  together  with 
an  amendment  offered  by  .Mr.  Robinson,  were  referred  to  a 
select  committee,  with  instructions  to  report  at  3  o'clock  this 
afternoon.  Whereupon  Mr.  President  appointed  Messrs.  Gould, 
Turner  and  Flanagin,  such  committee. 

Mr.  Baber,  "from  the  committee  on  enrollments,  made  the 
following 

REPORT: 

Mr.  President — 

The  committee  on  enrollments  have  examined  an, 
ordinence  to  regulate,  for  the  time  being,  the  sales  of  public 
lands  within  this  state,  and  for  other  purposes. 

An  ordinance  to  provide  revenue  for  the  State  of  Arkansas. 

An  ordinance  to  provide  for  the  payment  oi  debts  due  from 
the  government  of  the  United  States  to  citizens  of  the  State  of 
Arkansas,  out  of  moneys  seized  from  the  United  States  by  the 
Slate  of  Arkansas. 


THE    CONVENTION.  417 


An  ordinance  to  authorize  the  county  court  of  Pulaski  county 
to  purchase  horses. 

A  resolution  in  relation  to  issuing-  provisions  to  the  soldiers 
of  Col.  Churchill's  regiment. 

An  ordinance  to  confirm  the  several  acts  of  the  General 
Assembly  of  this  state,  to  establish  separate  courts  in  certain 
counties. 

An  ordinance  to  enable  the  military  board  to  call  in  all  the 
arms  belonging  to  the  state  not  now  in  the  hands  of  enlisted 
soldiers;  and  have  instructed  me  to  report  the  same  correctly 
enrolled. 

BABER,  Chairman  'pro  tern. 

Mr.  Hanly  presented  a  telegraphic  dispatch  from  P.  R.  Cle- 
bourne;  which  was  referred  to  the  military  board. 

Mr.  President  presented  a  communication  from  Col.  T.  J. 
Churchill,  on  behalf  of  ladies  of  Little  Rock;  which  was  respect- 
fully received. 

Mr.  Grace,  from  the  committee  on  ordinances  and  resolutions, 
mac^e  the  following 

REPORT: 
Mr.  President — 

Your  committee,  to  whom  was  referred  a  resolution 
requesting  that  they  should  prepare  and  report  to  this  conven- 
tion an  ordinance,  authorizing  and  empowering  the  military 
board  to  investigate  and  determine  all  claims  against  the  state, 
growing  out  of,  or  in  any  way  connected  with  the  military  ser- 
vice of  the  state,  have  had  the  same  under  consideration,  and 
direct  me  to  report,  that  in  the  opinion  of  your  committee,  the 
ordinances  heretofore  parsed,  defining  the  powers  and  duties  of 
said  board,  have  already  clothed  said  military  board  with  the 
power  mentioned  in  said  resolution,  and  that  further  ordinance 
on  that  subject  is  unnecessary. 

Your  committee,  therefore  report  the  resolution  back  to  the 
convention  and  recommend  its  rejection. 

GRACE,  Chairman. 

Which  report  was  adopted. 

Mr.  Smoote,  one  of  the  committee  on  the  judiciary,  made  the 
following 

REPORT: 

Mr.  Presidext — 

The  standing  committee  on  judiciary,  to  whom  was 
recommitted  ordinance  No.  5"2,  with  instructions,  have  had  the 

27 


418  JOURNAL    OF 


same  under  consideration,  and  have  instructed  me  to  report  it 
back  so  modified  as  to  conform  to  said  instructions,  which  is 
herewith  done. 

All  ol  which  is  respectful!}^  submitted,  etc. 

HANLY,   Chairman. 

The   following  ordinance,   No.  62,  as  recommended  by  said 

committee  was  then  read  and  adopted: 

AN  ORDINANCE 

To  provide  for  the  rdief  of  the  families  of  volunteers  in  actual 
service,  in  certain  cases. 

Section  1.  JJe  it  ordained  hi/ the  people  of  the  State  of  Ark  ansa  $ 
in  convention  assembled.  That  the  county  courts  of  this  state  be, 
and  they  are  hereby  empowered  to  set  apart  and  appropriate 
as  a  fund  for  the  relief  and  support  of  the  families  of  volun- 
teers while  in  actual  service,  when  from  aliliction  or  indigence 
such  relief  may  be  necessary,  so  much  of  the  special  tax  which 
the  said  courts  are  authorized  to  levy  by  an  ordinance  adopted 
by  this  convention  on  the  eleventh  day  of  May,  A.  D.  1861, 
entitled  "  an  ordinance  to  levy  a  tax  for  military  and  other 
purposes,"  as  in  the  judgment  of  either  of  said  courts  may  be 
necessary  to  constitute  the  relief  fund  herein  contemplated; 
Provided,  That  the  fund  raised  and  appropriated  shall,  in  all 
cases,  be  expended  for  the  benefit  of  families  of  volunteers 
residing  in  the  county  where  the  same  is  raised;  and  the  col- 
lector of  revenue  shall  receive  no  compensation  for  collecting 
the  tax  provided  for  by  said  oi'dinance  above  referred  to. 

Skc.  2.  JBe  it  further  ordained.  That  the  county  courts  be 
authorized  to  issue  county  scrip,  anticipating  the  tax  necessary 
to  effect  the  objects  of  the  preceding  section. 

Sec.  3.  Be  it  further  ordained,  That  the  county  courts  of  this 
state  be,  and  they  are  hereby  authorized  and  empowered  to 
appoint  and  raise,  semi-annually,  a  home  guard  of  minute  men, 
whose  term  of  service  shall  be  for  three  months  in  their  respec- 
tive limits,  to  consist  of  companies  of  not  less  than  ten  for  each 
township,  whose  officers,  when  elected  by  the  companies  respec- 
tively, shall  be  commissioned  by  the  county  courts,  and  whose 
duty  it  shall  be  to  see  that  all  slaves  are  disarmed,  to  prevent 
the  assemblage  of  slaves  in  unusual  numbers,  to  keep  the  slave 
population  in  proper  subjection,  and  to  see  that  peace  and  order 
are  observed;  and  said  guard  are  authorized  to  arrest  all  sus- 
pected persons,  and  bring  them  before  some  justice  of  thv 
peace,  without  Vv^arrant,  for  trial  by  the  civil  authorities;  the 
home  guard  of  minute  men  shall  be  armed  and  equipped  by 
each  county,  at  its  ovvni  expense,  out  of  the  tax  provided  for  by 
said  ordinance,  "  to  levy  a  tax  for  military  and  other  purposes," 


THE    CONVENTION.  419 


and  compensation  ma}'  be  made  to  said  guard  out  of  said  tax, 
if,  in  the  discretion  of  the  county  court  such  compensation 
should  be  made.  The  home  guard  shall  assemble  in  their 
respective  townships  to  take  precautionary  measures,  at  least 
once  in  each  week,  at  the  call  of  the  commanding  ofFicer,  and 
shall  be  momentarily^  ready  for  service  at  his  call;  persons 
eni^aged  in  this  branch  of  duty  shall,  upon  failure  to  obey  the 
call  to  duty  by  the  commander,  forfeit  not  less  than  one  dollar, 
nor  more  than  five  dollars  for  each  offence,  to  be  collected  in 
the  name  of  the  presiding  judge  of  the  county  court,  before 
any  justice  of  the  peace,  to  be  applied  by  the  county  court  in 
del'rayi ng  the  expenses  of  this  branch  of  the  public  service, 
unless  it  shall  be  shown  that  such  failure  was  the  result  of 
sickness  or  other  good  cause.  A  general  commander  shall  be 
appointed  for  each  county  by  the  several  county  courts,  whose 
duty  it  shall  be,  when  necessary,  to  take  charge  of  all  the  home 
guard  minute  men  in  his  county  and  direct  their  operations; 
and  the  county  court  is  authorized  to  issue  county  bonds  or 
scrip,  for  the  purpose  of  raising  money  immediately  to  meet 
the  expenses  contemplated  by  this  section. 

Sec.  4  Be  it  jurilicr  ordauicd,  That  this  ordinance  shall  be 
repealable  by  the  General  Assembly  of  this  state,  and  this  ordi- 
nance shall  be  in  force  from  and  after  its  adoption. 

Mr.  Totten,  of  Arkansas,  introduced 

ORDLNANCE  NO.  73, 

Which  v/as  read  and  adopted,  and  ordered  not  to  be  spread 
upon  tlie  journal. 

The  constitution,  as  remodeled  by  the  committee  on  the 
judiciary,  was  taken  up. 

The  preamble  of  the  constitution  was  read  and  adopted. 

Articles  first  and  second,  with  sections  one,  two,  three,  four, 
five,  six,  seven  and  eight,  of  article  second,  were  read  and 
adopted  without  amendment. 

Mr.  Smith  moved  to  amend  the  9th  section  of  article  second, 
by  inserting  the  word  "  papers,"  in  the  first  line  after  the  word 
"  houses,"  which  was  adopted. 

The  9th  section,  as  amended,  was  adopted. 

Sections  10,  11,  12,  1.?,  14,  15,  IG,  17,  18,  19  and  20,  were 
read  and  adopted  without  amendment. 

Mr.  Cryer  moved  to  amend  the  21st  section  of  article  2d,  by 


420  JOURNAL    OP 

adding  the  words  "  and  said  rights  shall  not  be  infringed;"  which 
was  lost. 

Mr.  Mayo  moved  to  amend  by  adding,  "  and  said  right  shall 
not  be  infringed  in  any  manner  whatsoever;"  which  motion  did 
not  prevail. 

Section  21  was  then  adopted. 

Mr.  Murphy  offered  to  amend  the  23d  section,  by  striking  out 
the  words  "  in  time  of  peace;"  which  was  adopted,  and  the 
section,  as  amended,  was  adopted. 

The  remaining  section  of  article  2  was  then  adopted  without 
amendment. 

Mr  Mayo  moved  to  amend  the  2d  section  of  article  4,  by 
inserting  after  the  "  America,"  in  the  7th  line,  the  words  "  not 
a  citizen  of  this  state." 

Mr.  Patterson,  of  Jackson,  offered  the  following  substitute  for 

the  amendment: 

Insert  the  word  "  regular,"  before  the  word  "  army,"  in  the 
sixth  line. 

"Which  was  accepted. 

Pending  the  discussion  of  which,  on  motion  of  Mr.  Patterson, 

of  Jackson,  the  convention  rook  a  recess  until  3  o'clock,  p.  m. 


3    O  CLOCK,    p.    M. 

Convention  met  pursuant  to  adjournment. 
Roll  called. 

present: 
Messrs.  Adams  of  Izard,  Austin,  Baber,  Batson,  Bolinger, 
Bush,  Campbell,  Carrigan,  Clingman,  Crenshaw,  Cryer,  Dins- 
more,  Dodson,  Dollarhide,  Fishback,  Flanagin,  Floyd,  Gould, 
Grace  Hanly,  Hawkins  of  Ashley,  Hill,  Hilliard,  Hobbs,  Hob- 
son,  Kelley,  Kennard,  Lanier,  Mayo,  Murphy,  Parks,  Patter- 
son of  Jackson,  Patterson  of  Van  Buren,  Ray,  Rhodes,  Robin- 
son, Slemons,  Smith,  Smoote,  Spivey,  Stallings,  Stillwell,  Stir- 


THE    CONVENTION,  421 


man,  Stout,  Tatum,  Totten  of  Arkansas,  Turner,  Walker,  Wal- 
lace, Yell  and   Mr.   President — 51. 

Mr.  President  stated  the  question  to  be  on  the  adoption  of 
th9  substitute  of  Mr.  Patterson,  of  Jackson,  which  was  not 
adopted. 

Sections  two  and  three  of  article  four  were  then  adopted. 

Mr.  Flanagin  moved  to  fill  up  the  blank  in  the  4th  section 
with  the  word  "  five,"  which  was  adopted,  and  the  section  as  so 
amended  was  then  adopted. 

Section  5  was  adopted. 

On  motion  of  jMr.  Kelley,  the  blank  in  the  6th  section  was 
filled  up  by  inserting  the  word  "  thirty;"  and  the  section,  as 
amended,  was  adopted. 

Sections  6  and  7  were  then  adopted. 

Mr.  Patterson,  of  Jackson,  moved  to  amend  the  8th  section, 
by  striking  out  the  word  "  ballot,"  and  inserting  in  place  there- 
of the  words  "  viva  voceJ'' 

'  Upon  which  motion  Mr.  Johnson  called  for  the  yeas  and  nays, 
which  being  sustained,  was  ordered  and  had,  with  the  following 
result: 

Yeas — Messrs.  Baber,  Hilliard,  Hobbs,  Johnson,  Patterson  of 
Jackson,  Rhodes,  Robinson  and  Smith — 8. 

Nays — Messrs.  Adams  of  Izard,  Austin,  Batson,  Bolinger, 
Bush,  Bussey,  Campbell,  Carrigan,  Clingman,  Crenshaw,  Cryer, 
Cypert,  Cochran,  Dinsmore,  Dodson,Fishback,  Flanagin, Floyd, 
Fort,  Gould,  Grace,  Hanly,  Hawkins  of  Ashley,  Hill,  Hobson, 
Kelley,  Kennard,  Lanier,  Mayo,  Murphy,  Parks,  Patterson  of 
Van  Buren,  Ray,  Shelton,  Slemons,  Smoote,  Spivey,  Stallings, 
Stilhvell,  Stirman,  Stout,  Tatum,  Totten  of  Arkansas,  Turner, 
Walker,  Wallace,  Watkins,  Yell  and  Mr.  President — 49. 

So  the  amendment  was  not  adopted. 

Mr.  Watkins  moved  to  strike  out  the  word  "  August,"  and 
insert  the  word  "  October;"  which  was  adopted. 

Mr.  Smith  moved  to  strike  out  the  word  "  centinue,"  in  the 
2d  line,  and  insert  the  word  "  commence;"  which  was  also 
adopted. 

On   motion  of  Mr.  Kennard,  the  words  "  commence  and  be 


42.2  JOUKNAL    OF 


liolden"  were  stricken  out,  and  the  words  "  shall  beheld"  were 
inserted  ip  lieu  thereof. 

Mr.  Johnson  moved  to  amend  by  striking  out  the  words 
"  eighteen  hundred  and  sixty-two,"  and  inserting  the  words 
"  eighteen  hundred  and  sixty-one,"  and  on  that  motion  called 
for  the  yeas  and  nays,  which  were  had,  with  the  following 
result: 

Yeas — Messrs.  Crenshaw,  Cochran,  Hanly,  Johnson,  Kennard, 
Lanier,  Murph}^  Ray,  Shelton,  Stilhvell,  Tatum,  Totten  of  Ar- 
kansas and  Wallace — 13. 

Nays — Messrs.  Adams  of  Izard,  Austin,  Batson,  Bolinger, 
Bush,  Bussey,  Campbell,  Carrigan,  Clingman,  Cypert,  Dins- 
more,  Dodson,  Fishback,  Flanagin,  Floyd,  Fort,  Gould,  Grace, 
Hawkins  of  Ashley,  Hill,  Hilliard,  Hobbs,  Hotison,  Kelley, 
Mayo,  Parks,  Patterson  of  "Van  Buren,  Rhodes,  Robinson,  Siem- 
ens, Smith,  Smoote,  Spivey,  Stallings,  Stirman,  Stout,  Turner, 
Walker,  Watkins  Yell  and  Mr.  President — 41. 

So  the  proposed  amendment  was  lost,  and  the  section,  fe.3 
amended  w^s  adopted. 

Section  9  was  read  and  adopted. 

]Mr.  Patterson  of  Jackson,  moved  to  amend  the  10th  section 
by  striking  out  the  words,  "  and  judges  of  the  county  courts," 
and  inserting  the  word  "and"  before  the  word  "  postmasters." 

Which  amendment  was  carried,  and  the  section  as  amended, 
adopted. 

Sections  11  and  12  were  read  and  adopted. 

Mr.  Watkins  moved  to  amend  section  13  by  adding  the  fol- 
lowing: 

"  That  no  member  of  the  General  Assembly  shall  be  elected 
to  any  office  v.dthin  the  gift  of  the  General  Assembly,  during 
the  term  for  which  he  shall  have  been  elected. 

W'hich  motion  prevailed,  and  the  section,  as  so  amended, 
was  adopted. 

Mr.  Totten  of  Arkansas,  moved  to  strike  out  section  21,  in 
article  4;  which  motion  was  lost. 

Mr.  Watkins  moved  to  substitute  the  word  "  may,"  for   the 


THE    CONYEXTION.  423 

word  "  shall'"'  in  the  lirst  line  of  section  21;  which  motion  pre- 
vailed, and  the  section,  as  amended,  was  adopted. 

Mr.  President  presented  the  following  communication  from 
the  military  board,  together  with  the  accompanying  telegraphic 
dispatches,  relative  to  the  2d  division  of  the  army  of  Arkansas: 

Little  Rock,  May  30th,  ISOl. 
Hon.  David  Walker, 

President  of  the  State  Convention, 
Sir:  The  military  board  having  received  the  accompanying 
dispatches,  deem  it  proper,  before  jour  body  dissolves,  to  pre- 
sent the  subject,  dilTicult  in  its  character,  to  your  consideration. 
The  appointment  of  Gen.  Bradley  being  conventional  in  its 
character,  presents  to  the  board  more  than  ordinary  dilliculty, 
and  they  ask  instructions,  if  it  is  deemed  proper  that  any  should 
be  given. 

Very  respectfully. 

Your  obedient  servants, 

H.  M.  RECTOR,  President. 
C.  C.  DANLY, 
BENJAMIN  C.  TOTTEN. 


[By  telegraph  from  Memphis.] 

May  30lh,  18G1. 
To  Gov.  Rector,  , 

President  Military  Board: 
My  command  has  revolted;  I  demand   investigation;   leave 
for  Little  Rock  this  evening. 

THOS.  H.  BRADLEY. 


[By  telegraph  from  Memphis.] 

May  30th,  18GL 
To  President  Walker: 

I  have  been   suspended  from  my  command;  I  am  coming  to 
the  Roclc 

THOS.  H.  BRADLEY. 


[By  telegraph  from  Memphis.] 

May  30lh,  1801. 
To  T.  B.  Hanly: 

Arkansas   forces   returned   from    Bearsfield   Point  between 


424  JOURNxVL    OP 


two  suns;  a  quantity  of  material  abandoned;  scouting  party  of 
picked  men  abandoned;  no  enemy  nearer  than  Cairo;  we  are 
the  laughing  stock  of  the  Tennesseeans;  cause  damaged  in  the 
north-east.     Answer. 

P.  R.  CLEBURNE. 


[By  telegraph  from  Memphis.] 

May  30th,  1861. 
To  Col.  Gkace  or  Gen.  Yell: 

We  have  deposed  Bradley;  appoint  Col.  Cleburne  and  satisfy 
regiment. 

C.  H.  CARLTON, 

Capt.  Jefferson  Guards. 

Which  were  read,  and  on  motion  of  Mr.  Hanly,  were  laid 
upon  the  table  for  the  present,  and  placed  upon  the  calendar. 

Sections  22,  23,  24,  25,  26  and  27  were  then  read  and  adopted 
without  amendment. 

Section  28  was  read. 

Mr.  Carrigan  moved  to  amend  by  striking  out  the  words,  '^o 
less  than hundred  square  miles  nor." 

Pending  the  discussion  of  which,  on  motion  of  Mr.  Johnson, 
the  convention  took  a  recess  until  8  o'clock,  P.  M. 


8  o'clock,  p.  M. 
Convention  met. 
Roll  called. 

present: 

Messrs.  Adams  of  Izard,  Austin,  Batson,  Bolinger,  Bush, 
Campbell,  Carrigan,  Clingman,  Cryer,  Cypert,  Cochran,  Dins- 
more,  Dodson,  Dollarhide,  Fishback,  Flanagin,  Floyd,  Fort, 
Grace,  Hanly,  Hawkins  of  Ashley,  Hill,  Hilliard,  Hobbs,  Johh- 
son,  Kelley,  Lanier,  Mayo,  Parks,  Patterson  of  Jackson,  Patter- 
son of  Van  Buren,  Rhodes,  Robinson,  Shelton,  Slemons,  Smith, 
Smoote,  Spivey,  Stallings,  Stillwell,  Stirman,  Stout,  Tatum, 


THE    CONVENTION.  42." 


Totten  of  Arkansas,  Totten  of  Prairie,  Turner,  Walker,  Wal- 
lace, Yell  and  Mr.  President — 50. 

Mr.  President  stated  the  question  to  be  on  the  amendment 
of  Mr.  Carrigan,  to  strike  out  in  the  28th  section  of  the  4th  arti- 
cle, the  words,  "  to  less  than hundred  square  miles  nor." 

Mr.  Floyd  offered  the  following  as  a  substitute  for  the  section: 
Sec.  20.  No  county  now  established  by  law  shall  ever  be 
reduced  by  the  establishment  of  any  new  county  or  counties  to 
less  than  six  hundred  square  miles;  t.nd  all  new  counties  here- 
tofore formed,  if  they  have  not  a  sufficient  population  to  entitle 
them  to  a  representative  in  the  legislature,  shall  be  attached  to 
any  other  county  to  elect  senators  and  representatives. 

Which,  upon  motion  of  Mr.  Flanagin,  was  laid  uj)on  the 
table. 

The  question  was  then  stated  upon  the  amendment  proposed 
by  Mr.  Carrigan;  which  was  lost. 

Mr.  Hanly  offered  the  following  amendment 

Amend  the  28th  section,  4th  line  at  the  end  by  adding:  "Nor 
shall  any  county  be  herealter  established   which  shnll  contain 

less  than hundred  square  miles,  nor  a  less  population  than 

would  entitle  each  county  to  a  member  in  the  House  ol  Repre- 
sentatives according  to  the  ratio  of  representation  then  estab- 
lished by  law." 

Which  was  adopted. 

Mr.  Gould  moved  to  amend  by  adding  after  the  word  "miles," 
the  words,  "  except  Calhoun  county,  which  may  be  reduced  to 
(300  square  miles,"  and  to  fill  up  the  blank  with  900;  which 
amendment  was  lost. 

Mr.  Patterson  of  Jackson,  offered  the  following  proviso: 

Provided,  That  the  county  of  Jackson,  by  a  majority  of  the 
voters  thereof,  may,  at  any  time,  create  an  additional  county 
out  of  its  present  limits,  in  case  the  present  ratio  of  represen- 
tation shall  be  observed. 

Wliich,  after  some  discussion,  was  withdrawn. 

Mr.  Floyd  offered  the  following  proviso: 

Pro  vide  d.Thdit  the  county  of  Johnson  may  be  divided  by  the 
Arkansas  river  and  form  two  counties,  but  both  shall  be  joined 
together  in  electing  senators  and  representatives  until  other- 
wise ordered  by  the  deneral  Assembly,  when  the  population 
shall  be  sufficient  for  that  purpose. 


426  JOURNAL  OF 


Which,  on  motion  of  Mr.  Yell,  was  laid  on  the  table. 

Mr,  Patterson  of  Jackson,  renewed  his  proviso. 

Mr.  Yell  moved  to  lay  the  proviso  upon  the  table;  which  did 
not  prevail. 

Mr.  Batson  moved  to  amend  by  including  Johnson  county; 
vvhich  was  adopted. 

Mr.  Grace  moved  to  amend  by  adding: 

And  provided,  That  Jefferson  county  shall  not  be  reduced 
below  its  present  limits. 

After  considerable  discussion,  Mr.  Patterson  withdrev/  his 
proviso. 

Mr.  Totten  of  Arkansas,  offered  the  following  amendment: 

Provided, That  the  county  of  Arkansas  shall  not  be  reduced 
belcw  her  present  limits  without  the  consent  of  a  majority  of 
the  qualified  voters  thereof  at  a  general  election. 

Mr.  Patterson  moved  to  lay  the  amendment  upon  the  table; 
which  did  not  prevail. 

Mr.  Cryer  offered  to  amend  the  proposed  amendment  of  Mr. 
Totten  by  adding  the  county  of  Lafayette. 

Mr.  Yell  moved  to  lay  the  amendment  upon  the  table;  which 
motion  prevailed. 

Mr.  Fishback  moved  to  strike  out  section  28;  which  motion 
was  lost. 

The  section,  as  amended,  was  then  adopted. 

On  motion  of  Mr.  Desha,  the  blank  was  filled  with  the  word 
"  si.x,"  and  after  the  word  "hundred,"  the  words  "twenty-five," 
were  added  in  the  2d  line. 

Mr.  8moote  moved  to  reconsider  the  vote  adopting  the  28th 
section;  which  motion  did  not  prevail. 

Sections  20  and  30  were  then  read  and  adopted  without 
amendment. 

Mr.  Cypert  moved  to  fill  up  the  first  blank  in  section  31  with 
25,  and  the  second  blank  with  35;  which  motion  was  carried, 
and  the  section,  as  amended,  adopted. 

Section  32  was  then  read  and  adopted. 

Mr.  Smoote  moved  to  fill  the  blank  in  the  33d  section  with 
"  seventy-six;"'  v/hich  was  adopted. 


THE    CONVENTIOX.  427 

Mr.  Bush  offered  to  amend  the  same  section  by  adding  after 

the  word  prescribed  in  the  12th  line: 

Provided  further,  That  the  county  of  Craighead  shall  be 
entitled  to  one  representative  until  the  next  enumeration  and 
apportionment;  And  provided  further,  That  the  said  county  of 
Craighead  be  added  to  the  senatorial  district  of  Rando!])h  and 
Greene  counties,  until  otherwise  provided  by  law. 

Which  was  adopted. 

Mr.  Smith  moved  to  amend  the  32d  section  by  adding: 
And  the  General  Assembly  shall,  at  the  first  session  after  the 
return  of  every  enumeration,  so  alter  and  arrange  the  senato- 
rial districts,  that  each  district  shall  contain  as  nearly  as  prac- 
ticable, an  equal  number  of  free  white  male  inhabitants,  and 
no  county  shall  be  divided  in  the  formation  of  a  senatorial  dis- 
trict. 

Article  4  was  then  adopted. 

On  motion  of  Mr.  Flanagin,  the  convention  adjourned  until 
to-morrow  morning,  S  o'clock. 

DAVID  WALKER, 

President. 


Friday,  May  ^\st,  1S61. 

Convention  met  pursuant  to  adjournment. 

Roll  called. 

present: 

Messrs.  Adams  of  Izard,  Austin,  Baber,  Batscn,  Bolinger, 
Bush,  Bussey,  Campbell,  Carrigan,  Clingman,  Crenshaw,  Cryer, 
Cypert,  Cochran,  Desha,  Dinsmore,  Dodson,  Dollarhide,  Fish- 
back,  Flanagin,  Floyd,  Fort,  Gould,  Grace,  Ilanly,  Hawkins 
of  Ashley,  Hawkins  of  Sevier,  IIill,lIobbs,  Hob.<on,  Kclley, 
Kennard,  Lanier,  Mayo,  Murphy,  Parks,  Ray,  Rhodes,  Robi-nson, 


428  JOURNx^L    OF 


Shelton,  Siemens,  Smith,  Smoote,  Spivey,  Stallings,  Stilhvell, 
Stirman,  Stout,  Tatum,  Totten  of  Arkansas,  Turner,  Walker, 
Wallace,  Yell  and  Mr.  President — 55. 

Mr.  Austin  asked  and  obtained  leave  of  absence  for  Mr.  Pat- 
terson of  Van  Buren. 

The  reading  of  the  journal  was  dispensed  with. 

Mv.  President  appointed  Mr.  Watkins  one  of  the  committee 
to  whom  was  referred  the  memorial  ot'  the  Cairo  and  Fultoa 
R.  R.  company. 

Mr.  Gould  from  the  select  committee  to  whom  was  referred 
ordinances  No.  71  and  72,  and  an  amendment,  reported  back 
"the  following  ordinance  No.  74  with  amendment,  and  aa 
amended,  recommended  its  adoption. 

AN   ORDINANCE 

Regulating'  sales  on  executions  and  trusts. 

Be  it  ordained  by  the  people  of  the  Slate  of  Arkansas  in  con- 
vention assembled,  That  upon  all  judgments  and  decrees  ren- 
dered, or  which  may  hereafter  be  rendered,  upon  debts  con- 
tracted, or  liabilities  of  a  cival  nature,  incurred  prior  to  the  Gth 
day  of  iMay,  18G1,  executions  may  issue  as  now  provided  by 
law;  Provided,  however,  That  no  sales  shall  be  made  upon 
executions  or  decretal  orders  already  issued  upon  such  judg- 
ments or  decrees,  or  upon  executions  or  decretal  orders  which 
may  hereafter  be  issued  upon  such  judgments  or  decrees,  until 
the  property  levied  upon  by  virtue  ot  such  executions  or  decre- 
tal oiKHirs  shall  be  valued  by  three  disinterested  persons,  to  be 
summoned  by  the  sheriff  or  constable  having  the  execution  or 
decretal  order  in  charge;  which  sheriff  or  constable  shall 
administer  the  following  oath  to  the  persons  so  summoned,  to- 
wit: 

"  We,  ■ ', , ,  do  severally  solemnly  swear  that  we 

will  truly  value  and  appraise  the  property  shown  us  by  (sheriff, 
constable  or  trustee,)  according  to  its  market  value  on  the  6th 
day  of  November,  1860,  taking  into  consideration  additions  for 
permanent  improvements  upon  real  estate,  and  increased  value 
arising  from  increased  age  of  stock  and  slaves,  and  making 
deductions  for  the  destruction,  injury  to,  or  removal  of  perma- 
nent improvements  on  real  estate,  and  for  deterioration  by  age 
or  disease  to  personal  property,  so  help  me  God." 

.  And  such  appraisers  shall  make  out  an  appraisement  and 
sign  the  same,  which  shall  be  attached  to  and  returned  with 
the  execution  or  other  authority  for  sale,  and  after  the  valua- 


THE    CONVENTION.  429 

tion  as  aforesaid  has  been  made,  no  sales  of  such  property 
shall  be  made  by  the  officer  having  charge  of  the  execution  or 
decretal  order,  unless  the  same  shall  be  bid  off  at  a  sum  not 
less  than  the  valuation  affixed  by  the  appraisers  aforesaid.  If 
such  sum  be  not  oiFered  for  such  property,  it  shall  be  the  duty 
of  the  officer  to  restore  the  property  to  the  person  in  vi'hose 
hands  it  was  levied  upon  without  any  bond  whatever.  This 
seccion  shall  not  be  so  construed  as  to  prevent  any  defendant 
from  giving  delivery  bond  as  now  provided  by  law;  and  all 
sales  made  by  virtue  of  any  execution  issued  upon  forfeited 
delivery  bonds  in  cases  provided  for  in  this  section,  shall  be 
made  as  provided  for  on  original  execution. 

Sec.  2.  The  provisions  of  this  ordinance  shall  not  apply  to 
debts  contracted  or  liabilities  of  a  civil  nature  incurred  sub- 
sequent to  the  6th  day  of  IMay,  18G1,  but  in  such  cases  execu- 
tions may  issue  and  be  executed  as  now   provided  by  law. 

Sec.  3.  Be  it  fiirlher  ordained,  That  the  provisions  of  this 
ordinance,  so  far  as  applicable,  shall  apply  to  sales  made  by 
administrators  and  guarJians,  and  other  persons  acting  in  a 
fiducial  capacit3^ 

Sec.  4.  Be  it  further  ordained,  That  the  provisions  of  this 
ordinance  shall  apply  to  sales  under  mortgages  and  deeds  of 
trust  executed  prior  to  the  6th  day  of  May,  IbGl,  wherein  sales 
are  authorized  to  be  made  by  individuals,  in  the  same  manner 
and  to  the  same  extent  as  though  such  sales  were  to  be  made 
b}"   execution  or  decretal  order,  by  operation  of  law. 

Seo.  5.  Be  it  further  ordained.  That  judgments  and  decrees 
of  the  circuit  court,  as  well  those  already  rendered  as  those 
hereafter  to  be  rendered,  shall  be  liens  upon  slaves  to  the  same 
extent  and  in  the  same  manner  as  judgments  and  decrees  as 
now  a  lien  upon  real  estate. 

Sec.  6.  Be  it  further  ordoincd,  That  in  all  cases  it  shall  be  the 
duty  of  the  officer  having  charge  of  the  execution  or  decretal 
order,  and  of  persons  making  sales  under  mortgages  and  deeds 
of  trust,  to  ofier  property  for  sale  in  separate  parcels,  when  the 
same  is  practicable,  and  the  same  shall  be  appraised  in  sepa- 
rate parcels  as  far  as  practicable. 

vSec.  7.  The  provisions  of  this  ordinance  shall  not  be  con- 
strued to  effect  an  ordinance  adopted  by  this  convention,  enti- 
tled "  an  ordinance  for  the  relief  of  such  citizens  of  the  State 
of  Arkansas  as  may  ije  engaged  in  the  military  .service  of  the 
State  of  Arkansas,  or  of  the  Confederate  States." 

Sec.  8.  Beit  further  ordained.  That  this  ordinance  may  be 
repealed,  amended  or  modified  by  the  General  Assembly  at 
any  regular  session  thereof,  and  this  ordinance  shall  take  ellect 
and  be  in  force  from  and  after  its  passage. 


430  JOURNAL    OF 


Which  was  received,  and  the  ordinance  made  the  special 
order  for  3  o'clock,  p.  m. 

On  moticn  of  Hanly,  the  consideration  of  the  constitntion 
was  resumed. 

Sections  from  1  to  5,  inclusive,  of  afticle  5,  were  read  and 
adopted.  • 

JMr.  Smoote  moved  to  strike  out  the  proviso  in  section  G; 
which  was  lost. 

Mr.    Clingman  moved   to   amend  by    adding  the    following 

proviso: 

Provided,  veverthchss,  That  this  provision  shall  be  suspended 
during  the  force  of  all  ordinances  establishing  and  defining  the 
pov/ers  of  the  military  board. 

Which,  on  motion  of  Mr.  Grace,  was  laid  on  the  table. 

Section  6  was  then  adopted. 

Mr.  iianly  offered  the  following  amendments: 

Amend  section  G,  article  2,  at  the  end,  by  adding,  "  and  In- 
dians." 

Section  10,  article  2,  first  line,  after  the  word  "man,"  insert 
"  and  Indians." 

Sec.  11,  article  2,  first  line,  insert  after  the  word  "  men  "  and 
before  "  the,"  "  and  Indians." 

Section  14,  article  2,  first  line,  after  the  word  "  man,"  insert 
"  Indians  included." 

Section  16,  article  2,  first  line,  after  the  word.  "  prisoners," 
insert  "  Indians  included." 

Section  21,  article  2,  first  line,  after  the  word  "  man."  insert 
"  Indians." 

W'hich  were  severally  adopted. 

Sections  7,  8,  9  and  10,  inclusive,  of  article  5,  Vv'ere  adopted. 

Section  11  was  read. 

Mr.  Hanly  moved  to  amend  by  inserting  after  the  word 
"  as,"  the  words  "  may  have  been  or." 

Which  was  adopted;  and  the  section,  as  amended,  was 
adopted. 

Section  12  was  read  and  adopted. 

Section  13  was  read. 

Mr.  Lanier  moved  to  amend  by  inserting  "  the  "  instead 
of  "  for  this/'  in  the  3d  line. 


THE    CONVENTION.  431 


Which  was  adoopted;  and  the  section,  as  amended,  was 
adopted. 

Section  14  was;  lead. 

Mr.  Carrigan  moved  to  amend  by  making  the  ollice  of  sec- 
retary of  state  elective  by  the  people. 

Which,  on  motion  of  Mr.  Lanier,  was  laid  on  the  table. 

Mr.  Walking  moved  to  amend  so  that  said  office  phould  be 
filled  by  appointment  by  the  governor,  by  and  with  the  advice 
and  consent  of  the  Senate. 

W^hich  was  lost  on  division. 

Mr.  Cypcrt  moved  to  amend  by  inserting  "  until  otherwise 
provided  for  by  law." 

Which  was  lost. 

The  section  was  then  adopted. 

Section  15  was  read  and  adopted. 

Section  16  was  read. 

Mr.  Kennard  moved  to  strike  out  the  word  "who,"  in  the  od 
line,  and  insert  "  which;"  and  "  their,"  in  the  4th  line,  and 
insert  "  its." 

Which  amendments  were  adopted;  and  the  section,  as 
amended,  was  adopted. 

Sections  17,  IS,  10,  20,  21,  22  and  23  were  read  and  severally 
adopted. 

Section  24  was  then  read. 

llv.  Carrigan  moved  to  make  the  office  of  auditor  elective  by 
the  people. 

Which  motion  was  laid  on  the  table,  and  the  section  adopted. 

Under  the  head  of  "Militia." 

Mr.  Flanagin  moved  to  strike  out  the  first  section;  pending 
which, 

On  motion  of  jNIr.  Gould,  ordinance  No.  74,  entitled  "  an 
ordinance  regulating  sales  on  executions  and  trusts,"  was  taken 
up  and  read. 

The  1st  section  was  read. 

Mr.  Smoote  ofi'cred  as  a  substitute  the  following: 

Amend  by  substituting  for  all  of  the  first  section,  after  the 
ordaining  clause,  the  following  as  the  first  section: 


432  JOURNAL    OF 


"  That  no  execution  shall  be  issued  on  any  judgment  or 
decree  now  rendered,  or  hereafter  to  be  rendered,  upon  any 
debt  contracted  or  liability  incurred  of  a  civil  nature,  prior  to 
the  Gth  day  of  May,  A.  D.  1861,  until  the  1st  day  of  January, 
A.  D.  1SG3,  or  until  further  order  of  this  convention,  or  of  the 
General  Assen^bly  of  the  State  of  Arkansas,  at  a  regular  ses- 
sion thereof,  except  in  the  cases  hereinafter  mentioned;  and 
all  executions  already  issued  on  such  judgments  and  decrees, 
shall  be  immediately  returned,  without  further  action  thereon 
by  the  officers  in  whose  hands  they  may  be,  until  the  first  day 
of  January,  1863,  or  until  farther  ordered  by  this  convention  or 
the  General  Assembly  of  this  State,  at  a  regular  session  there- 
of." 

Which  was  lost  on  division. 

Mr.  Watkins  offered  to  amend  by  adding  to  the  first  section 
the  following: 

And  provided^  That  at  any  time  after  the  expiration  of  two 
years  after  the  restoration  of  peace,  any  such  property,  so 
offered  for  sale  and  not  sold,  may  be  seized  and  sold  under 
execution  of  such  judgments  absolutely,  and  without  reference 
to  any  such  appraisement. 

Which  was  adopted. 

Mr.  Watkins  also  moved  to  amend  by  substituting  for  the 
words  "  not  less  than  the  valuation,"  in  the  1st  section  the  words 
"  not  less  than  three-fourths  of  the  valuation." 

Upon  which,  Mr.  Mayo  called  for  the  yeas  and  nays,  which 
call  was  ordered  and  had  with  the  following  result: 

Yeas — ^Messrs.  Adams  of  Izard,  Austin,  Baber,  Batson,  Bush, 
Campbell,  Clingman,  Cypert,  Desha,  Dinsmore,  Dodson,  Fish- 
back,  Flanagin,  Floyd,  Fort,  Hobbs,  Kelley,  Kennard,  Parks, 
F»,obinson,  Smith,  Stillwell,  Stirman,  Turner,  Walker,  Wat- 
kins and  Mr.  President — 97. 

Nays — ?»Iessrs.  Bussey,  Carrigan,  Crenshaw,  Cryer,  Cochran> 
DoUarhide,  Gould,  Grace.Hanly,  Hawkins  of  Ashley,  Hawkins 
of  Sevier,  Milliard,  Hobson,  Johnson,  Lanier,  Mayo,  Murphy, 
Patterson  of  Jackson,  Ray,  Rhodes,  Shelton,  Slemons,  Smoote, 
Spivey,  Stout,  Tatum,  Totten  of  Arkansas,  Wallace  and 
Yell— 29. 

So  the  amendment  was  not  adopted. 


THE    CONVENTION.  433 

Ml-.  C3"pert  moved  to  amend  the  1st  section  by  substituting 
for  the  words  "  not  less  than  the  valuation,"  the  wards  "  not 
less  than  two-thirds  of  the  valuation." 

Mr  Flanagin  moved  to  amend  the  amendment  by  inserting 
the  words  "  seven-eighths,"  instead  of  "  two-thirds." 

Mr.  Ilanly  moved  to  lay  both  amendments  upon  the  table. 

Upon  which,  iMr.  Cypert  called  for  the  yeas  and  nays;  which 
were  had  with  the  following  result: 

Yeas — Messrs.  Bussey,  Carrigan,  Crenshaw,  Cryer,  Cochran  , 
Dollarhide,  Gould,  Grace,  Hanly,  Hawkins  of  Ashley,  Hawkins 
of  Sevier,  Hilliard,  Hobson,  Johnson,  Lanier,  Mayo,  Murphy, 
Patterson  of  Jackson,  Ray,  Rhodes,  Shelton,  Slemons,  Smoote, 
Spivey,  Tatum,  Totten   of  Arkansas,  Wallace   and   Yell — 28. 

Nays — Messrs.  Adams  of  Izard,  Austin,  Baber,  Batson,  Bush, 
Campbell,  Ciingman,  Cypert,  Desha,  Dinsmore,  Dodson,  Fish- 
back,  Flanagin,  Floyd,  Fort,  Hobbs,  Kelley,  Kennard,  Parks, 
Robinson,  Smith,  Stillwell,  Stirman,  Stout,  Turner,  Walker 
and  Mr.  President— 28. 

So  the  amendment,  and  the  amendment  to  the  amendment, 
was  not  laid  upon  the  table. 

Mr.  President  stated  the  question  to  be  on  the  adoption  of 
the  amendment  of  Mr.  Flanagin  to  the  amendment  ollercd  by 
Mr.  Cypert. 

.Mr.  Tatum  moved  a  call  of  the  convention. 

Whereupon,  the  roll  being  called,  it  appeared  that  Messrs. 
Bolinger,  Fuller,  Hill,  Lanier,  Patterson  of  Jackson,  Stallings, 
and  Totten  of  Prairie,  were  absent  without  permission;  and  the 
sergeant-at-arms  was  dispatched  for  such  absentees. 

After  the  lapse  of  some  time,  the  call  was  suspended;  and, 

On  motion  of  Mr.  Hanly,  the  convention  took  a  recess  until 
half  past  2  o'clock,  p.  m. 


28 


434 


JOURNAL    OF 


■|-  PAST  2  o'clock,  r. 


Convention  met. 
Roll  called. 


PRESENT 


Messrs.  Adams  of  Izard,  Austin,  Baber,  Batson,  Bolinger, 
Bush,  Bussey,  Campbell,  Cliogman,  Crenshaw,  Crj^er,  Cochran, 
Desha,  Dinsmore,  Dodson,  Dollarhide,  Fishback,  Flanagin, 
Floyd,  Fort,  Gould,  Grace,  Hanly,  Hawkins  of  Ashley,  Haw- 
kins of  Sevier,  Hilliard,  Hobbs,  Johnson,  Kelley,  Kennard, 
Lanier,  Mayo,  Murphy,  Parks,  Patterson  of  Jackson,  Ray, 
Rhodes,  Robinson,  Shelton,  Slemons,  Smith,  Smoote,  Stallings, 
Stillwell,  Stirman,  Stout,  Tatum,  Totten  of  Arkansas,  Turner, 
Walker,  Wallace,  Watkins,  Yell  and  Mr.  President— 53. 

Mr.  Tatum  moved  that  the  consideration  of  the  constitution 
be  resumed;  which  prevailed  on  division. 

On  motion  of  Mr.  Patterson  of  Jackson,  no  member  will 
hereafter  be  allowed  to  speak  more  than  five  minutes  at  any 
one  time,  nor  more  than  once  on  any  one  subject. 

Under  the  head  of  "  Militia." 

The  first  section  was  read. 

Mr.  Flanagin  moved  to  strike  out  the  1st  section. 

Which  motion  did  not  prevail.  '      •         '    . 

Mr.  Patterson  of  Jackson  offered  the  following  s'abstitittefttr 
the  1st,  2d  and  3d  sections,  under  the  head  of  "  Militia:" 

Sec. — .  The  General  Assembly  shall  have  power  to  regulate 
the  militia  system  and  military  organization  of  the  state,  sub- 
ject to  the  provisions  of  ordinances  heretofore  passed  by  the 
convention  of  the  State  of  Arkansas. 

Which  were  adopted. 

Mr.  Floyd  offered  the  following  as  an  additional  section: 

Sec.  2G.  No  bank  nor  any  banking  privileges  shall  ever  be 
allowed  or  incorporated  within  this  state. 

Mr.  Lanier  moved  to  lay  it  upon  the  table. 
Upon  which,  Mr.  Floyd  called  for  the  yeas  and  nays,  which 
was  sustained,  ordered  and  had  with  the  following  result: 
Nays — Messrs.  Austin,  Baber,  Bush,  Bussey,  Carrigan,  Cling- 


THE    CONVENTION.  435 

man,  Cypert,  Desha,  Dinsmore,  Fishback,  Flanagin,  Grace, 
Hanly,  Hilliard,  Hobbs,  Kennard,  Lanier,  Patterson  of  Jack- 
son, Ra^,  Robinson,  Shelton,  Slemons  Smith,  Stallings,  Still- 
well,  Stout,  Tatum,  Totten  of  Arkansas,  Turner,  Wallace  and 
Watkins— 30. 

Yeas — Messrs.  Adams  of  Izard,  Batson,  Bolinger,  Campbell, 
Crenshaw,  Cryer,  Cochran,  Dodson,  Floyd,  Fort,  Gould,  Haw- 
kins of  Ashley,  Hawkins  of  Sevier,  Hill,  Johnson,  Kelly,  Mayo, 
Murphy,  Parks,  Rhodes,  Smoote,  Spivey,  Stirman,  Walker, 
Yell  and  Mr   President— 26. 

So  the  section  proposed  was  laid  on  the  table. 

Mr.  Austin  moved  a  recoasideration  of  the  vote,  which  did 
not  prevail. 

Messrs.  Stout  and  Austin  then  obtained  leave  to  change  their 
votes. 

Mr.  Johnson  introduced  the  following  as  an  additional  section. 

Sec.  26. — No  bank  of  issue  shall  be  incorporated  within  this 
state." 

jNIr.  Murphy  offered  the  following  as  a  substitute  for  the  pro- 
posed section. 

"  No  bank  of  circulation  shall  be  permitted   in  this  state." 

Which  was  out  of  order. 

Mr.'Baber  moved  to  lay  the  section  proposed  by  Mr.  John- 
son on  the  table.  On  which  ]Mr.  Johnson  called  for  the  yeas 
and  naj's,  which  call  was  sustained,  ordered  and  had  with  the 
following  result: 

Ye.'VS — Messsrs.  Baber,  Bush,  Busse}',  Campbell,  Carrigan, 
Clingman,  Cypert,Desha,  Dinsmore,  Fishback,  Flanagin,  Fort, 
Grace,  Hanly,  Hilliard,  Kennard,  Lanier,  Patterson  of  Jack- 
son, Ray,  Robinson,  Shelton,  Slemons,  Spivey,  Stallings,  Still- 
well,  Stirmin,  Tatum,  Turner,  Wallace  and  Watkins-7-30. 

Nays — Messrs.  Adams  of  Izard,  Austin,  Batson,  Bolinger, 
Crenshaw,  Cryer,  Cochran,  D'odson,  Dollarhide,  Floyd,  Gould, 
Hawkins  of  Ashley,  Hawkins  of  Sevier,  Hill,  Hobbs,  Hobson, 
Johnson,  Kelley,Mayo,  Murphy,  Parks,  Rhodes,  Smith,  Smoote, 
Spivey,  Stout,   Walker,  Yell  and  Mr.  President— 29. 


436  JOURNAL    OF 


So  the  additional  section  proposed  was  laid  on  the  table. 
Mr.  Murphy   offered  the  following,  as  an  additional  section: 

The  General  Assembly  shall  have  power  to  incorporate 
banks  of  deposit,  discount  or  circulation;  Provided,  The  capital 
of  such  bank  be  paid  up,  and  the  state  shall  not  be  a  stock- 
holder or  owner  thereof,  and  that  the  circulation  of  any  such 
banks  shall  never  exceed  the  amount  of  specie  on  hand  to 
redeem  the  same. 

Which  was  lost. 

Article  5  was  then  ad®pted. 

Article  6  was  taken  up. 

Section  1  was  read. 

Mr.  Hanly  moved  to  amend  by  inserting  in  the  second  line 
after  the  word  "  courts,"  the  words  "  in  probate  courts,  in  cor- 
poration courts,"  also,  by  striking  out  from  the  second  and  third 
lines  of  same  section,  the  words,  "  also  vest  such  jurisdiction  as 
may  be  deemed  necessary  in  corporation  courts  and,"  and  also, 
by  striking  out  from  the  fourth  line  the  word  "  may,"  and  by 
inserting  after  the  word  "  establish,"  in  the  same  line,  the  word 
"  separate." 

Which  was  adopted,  and  the  section  as  so  amended  was 
adopted. 

Section  2  was  read. 

Mr.  Watkins  moved  to  amend  by  inserting — "  the  one  of 
whom  having  the  shortest  time  to  serve,"  in  lieu  of  "  one  of 
whom,"  also,  by  adding  after  the  word  "  writs,"  the  words  "  in 
aid  of  its  appellate  jurisdiction." 

Which  was  adopted. 

Mr.  Smith  moved  to  insert  in  the  5th  line,  before  the  word 
"regulations,"  the  words  "  restrictions  and." 

W^hich  was  adopted,  and  the  section  as  amended,  was  adop- 
ted. 

Mr.  Yell  moved  to  amend  the  3d  section  by  adding  "  until 
the  General  Assembly  shall  establish  criminal  courts,"  and  strike 
out  the  words  "  until  otherwise  provided  by  the  General  Assem- 
bly," which  was  lost  on  division. 

Mr.  Mayo  moved  to  amend  by  adding  after  the  word  "  dol- 


THE    CONVENTION.  437 

V 

lars,"  in  the  Gth  line,  the  words  "  until  otherwise  altered  by 
law." 

Mr.  Robinson  moved  to  amend  by  striking  out  the  word  "one," 
before  "  dollars,"  in  the  Gth  line  and  inserting  the  word  "  five," 
which  amendment  was  accepted,  and  the  amendment  as 
amended  was  lost. 

Mr.  Smith  moved  to  strike  out  the  word  "  exclusive,"  in  the 
2d  line,  which  motion  was  lost. 

Mr.  Watkins  moved  to  strike  out  the  words  "  at  the  common 
law,"  in  the  3d  line — which  motion  prevailed. 

Air.  Watkins  moved  to  amend  further  by  adding  after  the 
word  "  before,"  in  the  4th  line,  the  words  "  other  inferior  courts 
or,"  which  was  carried. 

]Mr.  Watkins  moved  also  to  strike  out  the  word  "  sum,"  in  the 
Gth  line  and  insert  "  matter." 

Which  motion  did  not  prevail. 

Mr.  Watkins  also  moved  to  amend  by  inserting  after  the 
word  "  dollars,"  the  words  "  until  otherwise  provided  by  the 
General  Assembly,"  which  was  lost. 

Section  3,  as  amended,  was  then  adopted. 

Section  4  was  read. 

Mr.  Ilanly  offered  to  amend  as  follows: 

Amend  the  4th  section,  4th  line,  by  striking  out  the  words 
"  shall  have  power,"  and  insert  the  word  "  may."  Amend  the 
Gth  line,  after  the  word  "  law,"  strike  out  the  semi-colon  and 
insert  a  period,  and  strike  out  the  word  "  and  "  after  the  word 
"  law,"  make  the  sentence  commence  with  a  eapital  "  1." 
Amend  further,  by  adding  after  the  last  word  in  0th  line,  same 
section,  by  adding  the  following  "  or  be  disqualified  under  the 
same  to  preside  in  any  cause  pending  in  his  court." 

Amend  r2th  line,  same  section,  by  striking  out  the  words  "  of 
said  court."  Amend  13th  line  by  striking  out  the  words  "  at 
such  court'" 

Mr.  Lanier  moved  to  amend  by  striking  out  all  after  the 
word  "  law,"  in  the  Gth  line,  which  did  not  prevail. 

Mr.  Robinson  moved  to  amend  by  adding  to  the  amendment 
the  following: 

"  Provided,  Said  special  judge  shall  be  paid  by  the  regular 
judge  for  his  salary  in  holding  said  courts." 


438  JOURNAL    OF 


Which,  on  motion  of  Mr.  Mayo,  was  laid  on  the  table. 
Mr.  Flanagin   offered  the   following   as   a   substitute  for  the 
amendment: 

If  from  any  cause,  at  the  time  of  holding  a  circuit  court  in 
any  county  in  this  state,  there  shall  be  no  regular  judge  present, 
the  attoi-neys  present  may  select  from  among  themselves,  one 
of  their  number,  to  act  as  judge  with  all  the  power  and  author- 
ity of  a  regular  judge,  and  in  case  the  judge,  regular  or  special, 
shall  be  interested  in  any  case,  or  cases,  or  otherwise  incom- 
petent, the  attorneys  present  may  select  a  judge  to  try  such 
case. 

Which  was  adopted. 

Mr.  Watkins  offered  to  amend  by  striking  out  in  the  4th  line 
from  the  word  "  the,"  to  the  word  "  law,"  in  the  Gth  line. 
Mr.  Lanier  moved  to  amend  by  adding: 

And  at  any  regular  term  of  the  circuit  court  in  this  state,  the 
members  of  the  bar  or  a  majority  of  them  practicing  in  such 
court,  and  being  in  attendance  thereon,  may  call  any  one  of 
their  number  to  preside  at  such  court,  and  he  shall  have  all  the 
power  of  a  circuit  judge,  and  such  fees  as  the  General  Assem- 
bly shall  provide. 

Which,  on  motion  of  Mr.  Hawkins,  of  Ashley,  was  laid  on 
the  table. 

The  amendment  of  Mr.  Watkins  was  then  adopted. 

Mr.  Flanagin  also  moved  to  amend  by  adding  to  the  substi- 
tute, as  adopted,  the  following: 

And  who  shall  receive  such  compensation  as  the  General 
Assembly  may  prescribe. 

Which,  on  motion  of  Mr.  Hanly,  was  laid  on  the  table. 

Mr.  Austin  moved  to  amend  by  adding  to  the  substitute  the 

following: 

Who  shall  take  the  oath  prescribed  by  law  previous  to  enter- 
ing upon  the  discharge  of  his  duties. 

Which  was  adopted. 

The  question  was  then  stated  by  the  president  pro  tern,  (Mr. 
Smoote  being  in  the  chair,)  upon  the  adoption  of  the 
section  as  amended.  Whereupon,  Mr.  Johnson  called  for  the 
yeas  and  nays,  which  call  was  sustained  and  had  with  the  fol- 
lowing result: 


THE    CONVENTION.  439 

Yeas — Messrs.  Austin,  Batson,  Bolinger,  Campbell,  Carrigan, 
Clingman,  Crenshaw,  Cypert,  Desha,  Dinsraore,  Dollarhide, 
Fianagin,  Floyd,  Fort,  Grace,  Hanly,  Hawkins  of  Ashley, 
Hawkins  of  Sevier,  Hobbs,  Kelly,  Kennard,  Mayo,  Murphy, 
Parks,  Patterson  of  Jackson,  Ray,  Rhodes,  Shelton,  Slemons, 
Smith,  Smoote,  Spivey,Stallings,  Stillwell,  Stirman,  Stout, 
Tatum,  Totten  of  Arkansas,  Turner,  Wallace,  Watkins  and 
Yell— 42. 

Nays — Messrs.  Adams  of  Izard,  Cryer,  Cochran,  Dodson,  Hil- 
liard  Hobson,  Johnson,  Lanier,  and   Robinson — 9. 

So  the  4th  section,  as  amended,  was  adopted. 

On  motion  of  Mr.  Yell,  the  Convention  took  a  recess 
until  8  o'clock,  p.  m. 


8  o'clock,  p.  m. 
Convention  met. 
Roll  called. 

present: 

Messrs.  Adams  of  Izard,  Austin,  Baber,  Batson,  Bolinger, 
Bush,  Bussej^  Campbell,  Clingman,  Crenshaw,  Cypert,  Coch- 
ran, Desha,  Dinsmore,  Dodson,  Dollarhide,  Fianagin,  Floyd, 
Fort,  Gould,  Grace,  Hanly,  Hawkins  of  Ashley,  Hawkins  of 
Sevier,  Hill,  Hill,  Hobbs,  Johnson,  Kelley,  Kennard,  Lanier, 
jMayo,  Parks,  Rhodes,  Robinson,  Shelton  Slemons,  Smith 
Smoote,  Spivey,  Stillwell,  Stirman,  Stout,  Tatum,  Totten  of 
Arkansas,  Totten  of  Prairie,  Turner,  Walker,  Wallace,  Wat- 
kins,  Yell  and  Mr.  President — 51. 

Section  5  of  Article  6,  of  the  constitution  was  read. 

Mr.  Hanly  moved  to  strike  out  all  after  the  word  "  over,"  in 
the  1st  line,  to  the  word  "  circuits,"  in  the  2d  line,  and  insert 
"  all  inferior  courts." 

Which  motion  prevailed. 


440  JOURNAL    OF 


Mr.  Smith  moved  to  amend  by  adding  the  words  "  and  over 
justices  of  the  peace;"  which,  on  motion  of  Mr.  Grace,  was 
laid  on  the  table. 

The  section  was  then  adopted  as  amended. 

Mr.  Flanagin  moved  to  amend  the  6th  section  by  adding  the 
words  "  until  otherwise  provided  by  law,"  which  M'as  adopted, 
and  the  section  as  amended,  was  then  adopted. 

Section  7  was  read. 

Mr.  Stillwell  offered  to  amend  by  striking  out  all  of  the  first 
sentence  after  the  word  "  be,"  in  the  1st  line,  and  inseit  "  ap- 
pointed by  the  governor,  by  and  with  the  advice  and  consent  of 
the  senate." 

Which,  on  motion  of  Mr.  Floyd,  was  laid  on  the  table. 

Mr.  Patterson,  of  Jackson,  moved  to  amend  the  section,  '  so 
as  to  make  the  judges  of  the  supreme  court  elected  by  the  peo- 
ple," but  after  considerable  discussion,  withdrew  his  amend- 
ment. 

Mr.  Gould  moved  to  reconsider  the  vote  on  the  rejection  of 
Mr.  Stillwell's  amendment,  which  motion  prevailed. 

Mr.  Stillwell  moved  to  adopt  his  amendment. 

Upon  which  motion,  Mr.  Lanier  called  for  the  yeas  and  nays, 
which  was  ordered  and  had  with  the  following  result: 

Yeas — Messrs.  Baber,  Bush,  Bussey,  Campbell,  Carrigan, 
Clingman,  Cypert,  Cochran,  Desha,  Dinsmore,  Dollarhide,  Fort, 
Gould,  Grace,  Hobbs,  Kennard,  Lanier,  Mayo,  Parks,  Patter- 
son of  Jackson,  Robinson,  Shelton,  Stillwell,  Stirman,  Stout, 
Totten  of  Prairie,  Turner,  Watkins,  Yell  and  Mr.  President — 30. 

Nays — Messrs.  Adams  of  Izard,  Austin,  Batson,  Bolinger, 
Crenshaw,  Dodson,  Flanagin,  Floyd,  Hanly,  Hawkins  of  Ash- 
ley, Hawkins  of  Sevier,  Hill,  Johnson,  Kelley,  Rhodes,  Siem- 
ens, Smith,  Smoote,  Spivey,  Tatum,  Totten  of  Arkansas,  Wal- 
ker and  Wallace — 23. 

So  the  amendment  was  adopted. 

Mr.  Watkins  moved  to  amend  bj''  adding  after  the  word 
"  qualified,"  in  the  6th  line,  the  following: 

"  The  first  appointment  to  take  place,"  instead  of  "  the  first 
election  under  this  constitution  to  take  place." 


THE    CONVE^'TION.  441 


Which  was  adopted. 

Mr.  Stilhvell  moved  to  amend  by  striking  out  the  words  "  the 
term  of  eight  3'ears,"  and  substituting  the  words  "  during  good 
behavior." 

Mr.  Patterson,   of  Jackson,  offered  the  following  substitute: 

"  Provided,  That  no  judge  shall  hold  office  after  he  is  seventy 
years  of  age." 

Which  was  accepted,  and  the  amendment,  on  motion  of  Mr. 
Mayo,  was  laid  on  the  table. 

Mr.  Yell  moved  to  strike  out  the  word  "  eight,"  in  the  5th 
line,  and  insert  "  four,"  which  was  laid  on  the  table. 

Mr.  Kennard  moved  to  amend  by  striking  out  "  eight,"  and 
inserting  "  twelve,"  which,  on  motion  of  JMr.  jMayo,  was  laid  on 
the  table. 

Mr.  Yell  moved  to  strike  out  "  eight"  and  insert  "  six,"  which' 
on  motion  of  Mr.  Mayo,  was  also  laid  upon  the  table. 

Section  7,  as  amended,  was  then  adopted. 

Section  8  was  read. 

r>Ir.  Kennard  moved  to  amend  by  striking  out  all  after  the  word 
"qualified,"  in  the  4th  line  to  the  word  "incumbents,"  in  the 
Gth  line,  and  inserting  in  place  thereof,  the  following  words* 
"  and  all  elections  of  circuit  judges  shall  be  held  as  is  or  may 
be  provided  by  law."  Which  was  adopted,  and  the  section  as 
amended,  was  adopted. 

Mr.  Baber  moved  to  amend  the  9th  section  by  striking  out 
the  words  "  two,"  in  the  3d  line  and  insert  the  word  "  four," 
which,  on  motion  of  Mr.  JMayo,  was  laid  on  the  table,  and  the 
section  was  adopted. 

Mr.  Carrigan  moved  to  reconsider  the  vote  "  making  the 
judges  of  the  supreuic  court    appointed  by  the  governor. 

Which  motion  was  lost. 

Mr.  Flanagin  moved  to  reconsider  the  vote  on  the  adoption 
of  die  nth  section. 

Which  motion  was  lost  on  division. 

]Mr.  Smith  moved  to  amend  by  adding  after  the  word  "  su- 
preme," in  the  10th  section,  the  words  "  and  circuit  courts," 
which  was  adopted,  and  section  as  amended  was  adopted; 


442  JOURNAL    OF 


Mr.  Gould  moved  to  amend  the  11th  section  by  adding  after 
the  word^"  b}',"  in  the  first  line,  the  words  "  a  presiding  iudg^e 
and." 

Mr.  Austin  moved  to  amend  by  saying  "  two  justices," 
instead  of  "  the  justices;"  which  was  lost. 

Mr.  Smith  moved  to  amend  by  substituting  for  the  words  "  a 
presiding  judge,"  the  words  "  presiding  judge  of  the  county;" 
which  amendment  to  the  amendment  was  lost,  and  the  amend- 
ment of  Mr.  Gould  was  adopted. 

Mr.  Floyd  moved  to  amend  by  substituting  before  the  word 
"  taxes,"  in  the  third  line,  the  word  "  county;"  which  was 
adopted. 

Section  11,  as  amended,  was  then  adopted. 

Mr.  Patterson,  of  Jackson,  moved  to  amend  the  12th  section, 
by  striking  out  the  words  "  the  justices  of  the  peace,"  and 
inserting  "  the  qualified  voters." 

Mr,  Carrigan  offered  the  following  substitute  for  Mr.  Patter- 
son's amendment: 

"  That  the  qualified  voters  of  each  county  shall  elect  a  county 
and  probate  judge,  as  prescribed  by  law." 

Which  was  not  adopted. 

Mr.  Patterson's  amendment  was  then  adopted. 

Mr.  Kennard  moved  to  strike  out  the  whole  of  the  sentence, 
from  the  word  "  the,  in  the  third  line,  to  the  word  "  expire,"  in 
the  fifth  line;  which  was  adopted. 

Mv.  Flanagin  moved  to  insert  in  place  of  the  sentence  stricken 
out,  the  words,  "  the  first  election  under  this  section  shall  take 
place  at  the  general  election  next  before  the  commissions  of 
the  present  incumbents  expire;"  which  was  adopted. 

Mr.  Patterson,  of  Jackson,  moved  to  amend  by  inserting  after 
the  word  "guardian,"  in  eighth  line,  the  words  •'  lunatics  and 
insane  persons;"  which  was  also  adopted. 

Section  12,  as  amended,  was  then  adopted, 

Mr.  Kennard  moved  to  reconsider  the  vote  adopting  the  11th 
section;  which  motion  prevailed. 

Mr.  Kennard  offered  to  amend  by  inserting  the  words  "  such 


THE    CONVENTION.  443 

number  of  justices  of  the  peace  of  the  count}'  as  may  be  pre- 
scribed by  law." 

Mr.  Watkins  moved  a  substitute  for  the  amendment  by  strik- 
ing out  the  word  "  the,"  at  the  commencement  of  the  second 
line;  which  was  accepted,  and  the  amendment  adopted  on 
division. 

Mr.  Flanagin  moved  to  strike  out  the  words,  "  the  presiding 
judge  and;"  which  was  adopted,  and  the  word  "  the,"  at  the 
commencement  of  the  2d  line  was  restored. 

Section  11.  as  amended,  was  then  adopted. 

Mr.  Cypert  moved  to  strike  out  the  whole  of  the  13th  section; 
which  motion  prevailed. 

Sections  14  and  15  were  then  adopted. 

Mr.  Watkins  moved  to  strike  out  the  IGth  section;  which 
motion  was  lost    and  the  section  v/as  adopted. 

INIr.  Cypert  moved  to  amend  section  17,  by  inserting  affer  the 
word  "actions,"  in  the  11th  line,  the  following:  "ex  delicto, 
where  the  damages  do  not  exceed  one  hundred  dollars;"  which 
was  adopted. 

Mr.  Wallace  offered  to  amend  by  inserting  after  the  word 
"  only,"  in  the  r2th  line,  the  following: 

"  Every  action  cognizable  before  a  justice  of  the  peace,  insti- 
tuted by  summons  or  warrant,  shall  be  brought  before  some 
justice  of  the  peace  of  the  township  wherein  the  defendant 
resides,  or  is  found;  or  if  there  be  one  or  more  defendants  in 
different  townships,  then  in  the  township  where  one  of  them 
resides,  or  is  found." 

Which  was  adopted. 

Mr.  Flanagin  moved  to  amend  by  inserting  after  the  word 
"  and,"  in  the  11th  line,  and  before  the  word  "  in,"  the  words 
"  such  jurisdiction  as  may  be  provided  by  law;"  which  was 
adopted. 

Mr.  Desha  moved  to  amend   the  0th  line,  by  inserting  after 
the  word  "  jurisdiction,"  the  words  "  in  cases  of  bastardy  and;' 
which  was  also  adopted. 

Section  18,  as  amended,  was  adopted. 

Section  19  was  read  and  adopted  without  amendment. 

Section  1  of  article  7  was  read. 


444  JOURNAL    OF 


Mr.  Hanly  moved  to  amend  by  striking  out  the  preamble  to 
the  word  "  the,"  in  the  4th  line,  and  by  striking  out  the  word, 
"  to,"  in  the  Gth  line;  which  amendments  were  adopted. 

Section  1,  as  amended,  was  then  adopted. 

Section  2  was  read  and  adopted. 

Section  3  was  read. 

Mr.  Mayo  moved  to  strike  out  the   words  "  \Aithout  the  con- 
sent of  their  owners." 

Pending  the   discussion  of  which,  on    motion  of  Mr.  Desha, 
the   convention  adjourned   until  to-morrow  morning,  8  o'clock. 

DAVID  WALKER, 

P)-esident. 


■tf^-<  *   ^■^^>->— *■>— ^Bwi 


Saturday,  June   \st,  18G1. 
Convention  met  pursuant  to  adjournment. 
Roll  called. 

present: 

Messrs.  Adams  of  Izard,  Austin,  Baber,  Batson,  Bolinger, 
Bush,  Bussey,  Campbell,  Clingman,  Crenshaw,  Cryer,  Cypert, 
Cochran,  Desha,  Dinsmore,  Dodson,  Dollarhide,  Flanagin, 
Floyd,  Fort,  Gould,  Grace,  Hanly,  Hawkins  of  Ashle}',  Hawkins 
of  Sevier,  Hill,  Hilliard,  Hobbs,  Hobson,  Johnson,  Kelley,Ken- 
nard,  Lanier,  Mayo,  Murphy,  Parks,  Patterson  of  Jackson,  Ray, 
Rhodes,  Robinson,  Shelton,  Siemens,  Smith,  Smoote,  Spivey, 
Stallings,  Stillwell,  Stirman,  Stout,  Tatum,Totten  of  Arkansas, 
Turner,  Walker,  Wallace,  Yell  and  Mr.  President — 5(5. 

The  journal  of  Thursday  and  yesterday  was  read,  approved 
and  signed. 

Mr.  Turner,  from  the  judiciary  committee,  made  the  follow- 
ing 


THE    CONVENTION.  445 

REPORT: 

Mr.  President — • 

The  committee  on  the  judiciary,  to  whom  was  referred 
the  accompanying  communications  of  N.  B.  P)Urro\v,  and  of  S. 
II.  Tucker,  C.  P.  I>ertrand.  Peter  Manger  and  S.  II.  Hempstead, 
late  securities  of  Peter  T.  Crutchfield,  deceased,  formerly 
receiver  and  depositary  of  public  mone^^s  of  the  United  States, 
at  Little  Rock,  have  had  the  same  under  consideration,  and 
beeg  leave  to  report:  ^ 

That  from  an  examination  of  said  communications,  they  find 
that  said  securities  have  now  in  hand  the  sum  of  thirty-six 
(30,000)  thoufjand  dollars  of  United  States  funds,  the  same 
being  the  balance  of  ninety-four  thousand  dollars  remaining 
in  the  hands  of  the  said  Peter  T.  Crutchfield,  at  the  time  of  his 
death.  Your  committee  would  further  state  that  they  have 
not  been  able  to  perceive  anything  in  the  facts  or  reasoning  of 
said  securities,  which  would  authorize  them  to  withhold  said 
sum  of  thirty-six  thousand  dollars  from  the  state  treasury;  on 
the  contrary,  they  are  of  opinion  that  it  is  subject  to  seizure, 
and  ought  to  be  appropriated  to  the  paj^ment  of  liabilities  due 
by  the  United  States  to  citizens  of  the  State  of  Arkansas,  and 
for  other  purposes,  and  in  order  that  it  may  be  so  appropriated, 
your  committee  beg  leave  to  recommend  the  passage  of  the 
accompanying  ordinance,  intended  to  embrace  all  holders  of 
public  moneys  of  the  United  States. 

JESSE  TURNER,  Chairman. 

Which  was  received; 

And  the  following  ordinance  No.  75,  was  read  and  adopted: 

AN  ORDINANCE 

Requiring  certain  officers  to  •pay  certain  moncrjs  to  t/ie  state. 

Section  1.  I^e  it  oulaincd  hij  the  people  of  the  State  of  Arkansas 
in  convention  assembled,  That  receivers  of  public  moneys  of  the 
United  States,  and  all  other  persons  whatever,  postma.-tcrs 
excepted,  who  shall  have  any  money  in  their  hands  which 
belonged  to  the  government  of  the  United  States,  up  to  the 
sixth  day  of  May,  A.  D.  18G1,  shall  be  compelled,  and  they  are 
hereby  rebuired,  within  sixty  days  from  the  adoption  of  this 
ordinance,  to  pay  all  such  moneys  in  their  custody,  keeping  or 
control,  into  the  state  treasury,  and  .^^hould  any  person  who  is 
an  oflicer  of  the  State  of  Arkansa.«<,  fail  or  refuse  to  comply 
with  the  requirements  of  this  ordinance,  he  shall  forfeit  his 
office,  and  the  same,  upon  such  neglect  or  failure,  shall  be 
deemed  vacant,  and  the  governor  shall,  after  such  sixty  days, 
proceed  to  fill  such  vacancy. 


446  JOURNAL    OF 


Sec.  2.  Be  it  fuiiher  ordniyied.,  That  such  persons  or  officers, 
postmasters  accepted,  who  shall  wilfully  refuse  to  comply  with 
the  requirements  of  this  ordinance,  shall  be  deemed  guilty  of  a 
high  misdemeanor,  and,  upon  conviction  thereof,  shall  be  fined 
in  any  sum  not  less  than  ten  thousand  dollars,  and  may  be 
imprisoned  not  exceeding  two  years. 

Sec.  3.  Be  it  Jurlher  ordained,  That  all  such  funds  shall  be 
applied  as  may  be  provided  by  existing  ordinances;  in  payment 
of  dues  from  the  late  government  of  the  United  States  to  citi- 
zens of  the  State  of  Arkansas,  and  of  the  Indian  territory  west 
of  the  State  of  Arkansas. 

Mr.  Totten,  of  Arkansas,  introduced 

ORDINANCE  No.  76. 
An  Ordinance  for  the  relief  of  Coleman  Bush  and  his  securities. 

Whereas,  Coleman  Bush  is  under  recognizance  to  appear 
before  the  circuit  court  of  Arkansas  county,  on  a  charge  of 
homicide;  And  whereas,  Said  Bush  has  joined  the  volunteer 
corps  of  the  State  of  Arkansas; 

Be  it  therefore  ordained,  That  said  Bush  and  his  securities  be 
hereby  discharged  from  said  recognizance. 

Wliich  was  read,  and  on  motion  of  Mr.  Grace,  laid  on  the 
table. 

On  motion  of  Mr.  Hanly,  the  consideration  of  the  constitu- 
tion was  then  resumed. 

The  question  pending  was  a  motion  lo  strike  out  the  latter 
clause  of  section  3,  under  the  head  of  "  general  provisions;" 
which  motion  prevailed,  and  the  section,  as  amended,  was 
amended. 

Section  4  was  read. 

Mr.  Siemens  moved  to  amend  by  striking  out  the  words  "  in 
the  civil  department  of;"  which  motion  was  carried. 

Mr.  Clingman  moved  to  amend  the  first  line  of  the  4th  sec- 
tion, by  striking  out  the  word  "  being,"  and  inserting  the  word 
"existence." 

Which,  on  motion  of  Mr.  Kennard,  was  laid  on  the  table. 
;  ;,The  section,  as  amended,  was  then  adopted. 
■  idSections  5,  6  and  7  were  adopted. 

Mr."  Patterson,  of  Jackson,  moved  to  strike  out  section  8; 
which  motion  was  adopted. 


THE    CONVENTION.  447 

Mr.  Lanier  moved  to  insert: 

The  General  Assembly  shall  have  no  power  to  pass  laws 
inflicting  a  greater  punishment  than  a  fine  of  one  hundred  dol- 
lars on  any  person,  or  persons,  that  have  been,  or  may  hereafter 
be  engaged  in  any  duel  in  this  state. 

Which,  on  motion  of  Mr.  Patterson;  of  Jackson,  was  laid  on 
the  table. 

Section  9  was  then  read  and  adopted' 

Section  10  was  read. 

Mr.  Cypert  moved  to  strike  out  the  words  "  is  now;"  which 
prevailed. 

'  Mr.  Watkins  moved  to  amend  by  inserting  the  words,  "or 
codified,"  between  "  revised"  and  "  arranged,"  in  3d  line;  which 
was  adopted,  and  the  section,  as  amended,  was  adopted. 

Section  11  was  read  and  adopted. 

Section  12  was  read. 

Mr.  Lanier  moved  to  strike  out  the  section  and  insert: 

"  No  person  shall  be  imprisoned  in  this  state  for  debt." 

Which  was  lost. 

Mr.  Patterson,  of  Jackson,  offered  the  following  as  a  substi- 
tute for  the  section: 

"  No  person  shall  be  imprisoned  for  debt,  unless  upon  a 
charge  of  fraud,  upon  the  oath  of  the  auditor  and  two  respect- 
able persons,  residents  of  the  county  where  such  debtor  may 
reside. 

On  which  Mr.  Patterson,  of  Jackson,  called  for  the  yeas  and 
nays,  which  was  sustained,  ordered  and  had,  with  the  follow- 
ing result: 

Yeas — Messrs.  Baber,  Busscy,  Crenshaw,  Cryer,  Cochran, 
Desha,  Dinsmore,  Flanagin,  Floyd,  Fort,  Hawkins  of  Ashley, 
HilliardjHobson,  Johnson,  Kelle3%Kennard,  Lanier, Mayo,  Mur- 
phy, Parks,  Patterson  of  Jackson,  Ray,  Shelton,  Siemens, 
Smoote,  Spivey,  Stirman,  Stout,  Walker  and  Yell — 30. 

Nays — Messrs.  Adams  of  Izard,  13atson,  Bolinger,  Bush 
Campbell,  Carrigan,  Clingman,  Cypert,  Dodson,  Dollarhidc, 
Flanagin,  Grace,  Hanly,IIill,  Hobbs,  Rhode.s,  Robinson,  Smith, 
Stallings,  Still  well,  Tatum,  Totten  of  Arkansas,  Turner,  Wat- 
kins  and  ^Ir.  President — 25. 
"     So  the  substitute  was  adopted. 


448  JOUENAL    OF 


On   motion,  the  vote  was  reconsidered,  and  Mr.  Kennard 

ofFered  the  following  as  an  amendment  to  the  substitute: 

"  Imprisonment  for  debt  shall  not  be  allowed  in  this  state, 
except  where  an  allegation  of  fraud  on  the  part  of  the  debtor 
shall  be  clearly  proved." 

Which  was  accepted,  and  the  substitute,  as   amended,  was 

adopted. 

Mr.  Flanagin  offered  the  following  as  an  additional  section: 

Sec.  13.  The  General  Assembly  of  this  state  shall  not  distri- 
bute the  public  lands,  late  the  property  of  the  United  States, 
nor  the  proceeds  of  the  same  among  the  counties,  but  the  same 
shall  be  applied  to  general  purposes. 

Which  was  adopted. 

The  article  entitled  "  revenue,"  was  then  taken  up. 

Section  1  was  read  and  adopted. 

Section  2  was  read. 

Mr.Xanier  moved  to  amend  by  adding: 

Providtd  further.  That  the  legislature  may  authorize  the 
county  courts  in  this  state  to  levy  and  collect  a  specific  tax,  for 
the  purpose  of  building  levees  to  protect  their  respective  coun- 
ties from  overflow. 

Which  was  adopted. 

Mr.  Kennard  moved  to  amend  by  striking  out,  in  the  1st  line, 
the  words  "  subject  to  taxation;"  which  did  not  prevail. 

Mr.  Grace  moved  to  strike  ont  the  word  "  merchants,"  in  the 
5th  line;  which,  on  motion,  was  laid  on  the  table. 

Mr.  Carrigan  moved  to  reconsider  the  vote  on  tabling;  which 
did  not  prevail. 

Section  2  was  then  adopted  as  amended. 

Section  3  was  read, 

Mr.  Watkins  moved  to  amend  by  inserting  the  woj-ds  "  or 
corporation,"  before  the  word  "county." 

Mr.  Lanier  moved  to  amend  the  amendment  by  adc^ing  the 
word  "  state"  before  the  v/ord  "  county." 

Which,  on  motion  of  Mr.  Cypert,  was  laid  on  the  table. 

The  amendment  of  ]Mr.  W^atkins  was  then  adopted,  and  the 
section  as  amended,  was  adopted. 

Section  4  was  read  and  adopted. 

Mr.  Watkins  moved  to  insert  before  the  following  sections 


THE    CONVENTION.  449 

the  word  "  schedule,"  and  number  the  sections  to  correspond  to 
such  heading;  "1,2,  3,  4,"  etc.;  which  prevailed. 

Section  1  was  adopted. 

Section  2  was  read. 

Mr.  Hanly  moved  to  amend  bj-  adding  to  the  first  line  the 
Vv^ords  '  or  the  ordinances  of  the  convention;''  which  was  adopt- 
ed, and  the  section,  as  amended,  was  adopted. 

Section  3  was  read. 

Mr.  Kennard  moved  to  amend  by  striking  out  the  words,  in 
the  3d  line,  "  it  is  hereby  declared  to  be  the  sense  of  this  con- 
vention that;"  which  was  adopted,  and  the  section,  as  amended, 
was  adopted. 

Section  4  was  read. 

Mr.  Hanly  moved  to  amend  by  adding:  "  or  the  ordinances 
passed  by  this  convention." 

Which  was  adopted,  and  the  section,  as  amended,  was 
adopted. 

On  motion  of  Mr.  Batson,  section  5  was  stricken  out. 

Mr.  Cypert  moved  to  insert  the  following  as  section  5: 

Sec.  5.  The  next  general  election  for  officers  of  this  state, 
under  this  constitution,  not  otherwise  herein  provided  for,  shall 
be  held  on  the  1st  Monday  in  October,  A.  D.  1S62,  in  the  man- 
ner now  prescribed  by  law. 

Which  was  adopted. 

Mr.  Dollarhide  olTercd  the  following  as  an  additional  section: 

Sec.  G.  The  jurisdiction  of  corporation  courts  shall  be  con- 
fined to  their  respective  corporate  limits. 

Which  was  adopted. 

Mr.  Stillwell  moved  to  amend  section  7,  article  G,  as  follows: 

"  And  in  case  of  vacancy  on  the  supreme  bench,  the  same 
shall  be  filled  by  executive  appointment  to  continue  until  the 
end  of  the  next  session  of  the  General  Assembly. 

Which  was  adopted. 

jMr.  Carrigan  moved  to  strike  out  "50,"  and  insert  "  100,"  in 
second  line  of  section  17,  article  C. 
Which  was  adopted. 

29 


450  JOURNAL    OF 


Mr.  Bolinger  moved  to  amend  article  G,  section  3,  line  3d,  by 
striking  out  "  one,"  and  inserting  "  two." 

Which,  on  motion  of  Mr.  Patterson  of  Jackson,  was  laid  on 
the  table. 

Mr.  Lanier  offered  the  followitxg 

RESOLUTION: 

Resolved,  That  no  more  amendments  shall  be  made  to  the 
constitution  for  ten  days. 

Which  was  lost. 

Mr.  Clingman  offered  the  following  as  a  substitute  for  27th 
section  of  article  4: 

Sec.  27.  The  appointment  or  election  of  all  officers,  not 
otherwise  directed  by  this  constitution,  shall  be  made  in  such 
manner  as  may  be  prescribed  by  law;  and  all  officers,  both 
civil  and  militar}'',  acting  under  the  authority  of  this  state, 
shall,  before  they  enter  upon  the  duties  of  their  respective  offi- 
ces, take  an  oath  or  affirmation  to  support  the  constitution  of 
the  Confederate  States  and  of  this  state,  and  to  faithfully 
demean  themselves  in  office. 

Mr.  Carrigan  moved  to  amend  the  amendment  by  so  arrang- 
ing the  words  that  it  will  read: 

"  The  constitution  of  the  State  of  Arkansas  and  the  Confede- 
rate States  of  America." 

Which  was  accepted. 

Mr.  Watkins  off'ered  the  following  as  a  substitute  for  the 
amendment  as  amended: 

"  The  General  Assembly  may,  Avhen  the  ordinances  of  this 
convention  expire,  require  that  every  officer  of  this  state  shall 
take  an  oath  to  support  the  constitution  of  the  Confederate 
Stdtes  of  America  and  of  the  State  of  Arkansas,  and  faithfully 
demean  himself  in  office. 

Which  was  adopted. 

The  constitution,  as  amended,  was  then  adopted  as  the  Con- 
stitution of  the  sovereign  State  of  Arkansas. 
Mr.  Slemons  introduced 

ORDINANCE  No.  77. 

Be  it  ordained  hy  the  people  oj  the  State  of  Aakansas  in  con- 


I 


THE    CONVENTION.  451 

vcntinn  assembled.  That  the  sum  of  five  thousand  dollars  be, 
and  the  same  is,  hereby  appropriated  and  set  apart  as  a  con- 
tingent fund,  out  of  any  moneys  now  in  the  treasury,  lor  the 
purpose  of  defraying  the  expenses  of  the  civil  departments  of 
the  government,  subject  to  the  draft  of  the  executive. 

Which  was  not  adopted. 

]Mr.  Floyd  introduced 

ORDINANCE  No.  78. 

An  Ordinanxe  supplementary  to  the  ordinance  to  provide  revenue 

for  the    slate. 

Be  it  ordained  by  the  people  of  the  Slate  of  Arkansas  in 
convention  assembled,''  That  the  scrip  that  is  directed  to  be  issued 
as  is  provided  for  in  the  revenue  ordinance,  adopted  at  the  pre- 
sent session  of  the  convention,  shall  be  issued  in  amounts  or 
sums  not  less  than  five  dollars,  and  such  size  pieces  as  the 
holder  of  the  auditor's  warrant  may  desire;  Provided,  Said 
auditor's  warrant  shall  be  more  than  live  dollars;  if  less  than 
five  dollars,  then  to  be  issued  for  the  amount  of  the  auditor's 
warrant.  And  the  treasurer  shall  be  entitled  to  the  same  pay 
for  issuing  and  registering  scrip  and  bonds  as  is  provided  to  be 
issued,  as  he  is  now  entitled  to  receive  for  issuing  swamp  land 
scrip;  and  a  sufficient  amount  of  money  is  hereby  appropriated 
out  of  the  state  treasur^^  to  be  paid  the  treasurer  on  the  audi- 
tor's warrant  for  said  service,  and  sufficient  amount  of  mone}"" 
is  also  hereby  appropriated  to  purchase  the  necessary  books  and 
stationery  to  carry  out  the  provisions  of  the  revenue  bill.       • 

Which  was  read  and  adopted. 

Mr.  Watkins  introduced. 

ORDINANCE  No.  79. 

Ax  Ordinance    to  abolish    the  office  of  solicitor   general   of  this 

State. 

Be  it  ordained.  That  the  oflice  of  solicitor  general  of  this 
state,  be,  and  the  same  is  hereby  abolished,  and  that  all  and 
singular  the  duties  of  said  oliice,  shall  devolve  upon,  and  be 
performed  by  the  attorney  general  (or  corresponding  officer  of 
(his  state),  whose  salary,  until  otherwise  regulated  by  the 
General  Assembly,  shall  be  increased  to  the  sum  of  one  thou- 
sand dollars  per  annum,  to  be  paid  quarterly,  as  other  salaries 
of  judicial  ollicers,  at  that  rate,  from  and  after  the  passage  of 
this  ordinance. 


452  JOURNAL    OF 


And.  be  it  further  ordained.  That  the  fees  of  the  land  attor- 
ney and  state  collector  shall  be  two  and  one  half  per  centum 
on  all  monej^s  collected  by  him  in  his  official  capacity,  from 
and  after  the  passage  of  this  ordinance. 

Which  was  read. 

jMr.  Flanagin  moved  to  strike  out  all  of  the  ordinance  after 
the  word  "  abolish,"  and  insert  in  lieu  thereof  the  following: 

"  The  chancery  court  and  supreme  court  may  appoint  solici- 
tors or  attorneys  when  such  courts  may  deem  it  proper  to  serve 
the  interests  of  the  state." 

Mr.  Robinson  moved  to  amend  by  adding: 

"  And  who  shall  only  receive  such  compensation  as  the 
legislature  may  hereafter  provide." 

Which  was  lost;  and, 

On  motion  of  Mr.  Watkins,  the  ordinance  with  the  several 
amendments  was  laid  upon  the  table. 

Mr.  Floyd  presented  an  account  of  j^lr.  Hammond,  for  "  ser- 
vant hire,  to  wait  on  the  convention,"  amounting  to  $40  50. 
At  the  same  time, 

P\Ir.  Floyd  offered  the  following 

RESOLUTION: 

Rcsolvsd,  That  president  certify  the  account  of  Mr.  Ham- 
mond lo  the  auditor  for  the  sum  of  fifty  dollars  and  fifty  cents, 
for  servant  hire  and  contingent  expenses  of  this  convention. 

Mr.  Ray  moved  to  lay  the  resolution  upon  the  table;  which 
motion  was  lost. 

Mr.  Dinsmore  moved  to  amend  by  saying  "  one  dollar,"  in- 
stead of  "  one  dollar  and  a  half" 

Which  motion  did  not  prevail,  and  the  resolution  was  adopted. 

Mr.  Spivey  introduced 

ORDINANCE  NO.  80. 

An  Ordinance  ratifying  the  ipermanent  Constitution  of  the  'peojile 
of  the  Confederate,  States  of  Ame?-ica. 

Be  it  ordained  hij  the  peo'ph  of  the  State  of  Arkansas  in  con- 
vention assembled,  That  the  constitution  of  the  people  of  the 
Confederate  States  of  America,  prepared  and  tendered  by  the 


THE    CONVENTION.  453 

delegates  or  deputies  of  the  States  of  South  Carolina,  Georgia, 
Alabama,  Mississippi,  Florida,  Louisiana  and  Texas,  in  Con- 
gress asseml)led  at  the  capitol  of  said  Confederate  State  of 
America,  in  the  city  of  Montgomery,  in  the  State  of  Alaba.na, 
and  by  said  delegates  or  deputies  in  said  Congress  adopted  on 
the  eleventh  day  of  March,  Anno  Domini,  one  thousand,  ei^ht 
hundred  and  sixty-one,  be,  and  the  same  is,  hereby  ratified  I  v 
the  people  of  the  State  of  Arkansas,  as  the  permanent  consli- 
tution  of  the  people  of  the  said  Confederate  States  of  America. 

Which  was  read. 

Mr.  Cypert  ofiered  to  amend  by  adding  the  following  pro- 
viso: 

Provided,  That  this  ordinance  shall  be  ratified  by  the  direct 
vote  of  the  people  of  this  state  at  an  election  to  be  held  on  the 
first  JMonday  in  August  next,  to  be  conducted  in  all  things  as 
other  elections,  as  now  provided  by  law.  The  ballots  shall  be 
lor  ratification,  or  against  ratification;  and  the  counts  shall  be 
made  therefrom,  and  if  a  majority  of  votes  shall  be  for  "  rati- 
fication," the  said  constitution  shall  be  considered  adopted;  and 
if  a  majority  shall  be  cast  against  "  ratification,"  this  ordinance 
shall  be  of  no  efiect. 

The  president  of  this  convention  shall  issue  a  proclamation 
ordering  the  election,  to  be  held  as  herein  provided  for. 

On  motion  of  JMr.  Turner,  the  convention  took  a  recess  until 
3  o'clock,  p.  m. 


3  o'clock,  p.  m. 

Convention  met. 

Roll  called.  f 

•  present: 

Messrs.  Adams  of  Izard,  Baber,  Batson,  Bolinger,  Bush, 
Carrigan,  Clingman,  Crenshaw,  Cryer,  Cypert,  Desha,  Dins- 
more,  Dodson,  Dollarhide,  Fishback,  Flanagin,  Floyd,  Hani}-, 
Hawkins  of  Ashley,  Hawkins  of  Sevier,  Hill,  Hilliard,  Hobbs, 
Johnson,    Kelley,    Kennard,    Lanier,   Mayo,    Murphy,    Parks, 


454  JOURNAL    OF 


Ray,  Rhodes,  Robinson,  Shelton,  Slemons,  Smith,  Smoote, 
Spive}^  Stallings,  Stillwell,  Stirman,  Stout,  Tatum.  Totten  of 
Arkansas,  Turner,  Walker,  Wallace,  Watkins,  Yell  and  Mr. 
President — 52. 

Mr.  Hill,  on  leave,  introduced 

ORDINANCE  No.  81. 

An  Ordinance  to  divide  the  State  of  Arkansas  into  congressional 

disiricts. 

Be  it  ordained  by  the  'people  of  the  Stale  of  Arkansas  in  con- 
vention asse/rililcd,  That  the  State  of  Arkansas  be,  and  the  same 
is  hereby  divided  into  four  congressional  districts,  as  follows: 

The  counties  of  Benton,  Washington,  Madison,  Carroll, 
Newton,  Crawford.  Franklin,  Johnson,  Pope,  Marion,  Searcy, 
Van  Buren  and  Conway,  shall  constitute  the  first  congressional 
district. 

The  counties  of  Sebastian,  Scott,  Polk,  Sevier,  Yell,  Mont- 
gomery; Pike,  Hempstead,  Lafayette,  Columbia,  Ouachita, 
Clark,  Perry  and  Hot  Spring,  shall  constitute  the  second  con- 
gressional district. 

The  counties  of  Pulaski,  Saline,  Dallas,  Calhoun,  Union, 
Jefferson,  Bradley,  Drew,  Ashley,  Chicot,  Desha,  Arkansas  and 
Prairie,  shall  constitute  the  third  congressional  district. 

The  counties  of  Fulton,  Izard,  Randolph,  Lawrence,  Greene, 
Independence,  White,  Jackson,  Craighead,  Poinsett,  St.  Francis, 
Crittenden,  Mississippi,  Monroe  and  Phillips,  shall  constitute 
the  fourth  congressional  district. 

Mr.  Carrigan  moved  to  amend  by  adding: 

"  An  election  for  a  member  to  the  Congress  of  the  Confede- 
rate States  shall  be  held  in  each  of  said  districts,  at  the  time 
named  and  specified  by  said  Congress  of  the  Conlederate 
States  of  America." 

Which  wai  adopted;  and  the  ordinance,  as  amended,  was 
adopted. 

Consideration  of  ordinance "TMo.  80  vi^as  then  resumed. 

The  question  was  stated  on  the  motion  to  lay  the  amendment 
of  Mr,  Cypert  on  the  table. 

On  which,  Mr.  Cypert  called  for  the  yeas  and  nays;  which  was 
sustained,  ordered  and  had  with  the  following  result: 

Yeas — Messrs.    Adams    of    Izard,    Austin,   Batson,    Bussey, 


THE    CONVENTION.  455 

Clingman,  Crenshaw,  Ciyer,  Cochran,  Dollarhide,  Flanagin, 
Floyd,  Grace,  Hanl3%  Hawkins  of  Ashley,  Hawkins  of  Sevier, 
Hill,  Hilliard,  Hobson,  Jester,  Lanier,  Mayo,  Patterson  of 
Jackson,  Ray  Rhodes,  Robinson,  Shelton,  Slemons,  Smith, 
Smoote,  Spivey,  Tatum,  Totten  of  Arkansas,  Totten  of  Prairie, 
Walker,  Wallace,  Watkins  and  Yell — 37. 

Xays — Messrs.  Baber,  Bolinger,  liush,  Campbell,  Carrigan, 
Cypert,  Desha,  Dinsmore,  Dodi^on,  Fishback,  Fort,  Hobbs,  Kel- 
ley,  Kennard,  IMurphy,  Parks,  Stallings,  Stillw'ell,  Stirman, 
Stout,  Turner  and  Mr.  President — 22. 

So  the  amendment  was  laid  on  the  table. 

The  question  was  stated  on  the  adoption  of  the  ordinance; 
which  was  adopted. 

Ordinance  No.  74,  regulating  sales  on  executions  and  trusts, 
was  taken  up. 

The  question  was  stated  on  the  adoption  of  an  amendment 
inserting  "  four-fifths  of  value,"  after  the  clause  requiring  pro- 
perty to  be  sold. 

Which  was  adopted. 

Mr.  Kennard  moved  to  amend  by  adding  to  the  1st  section, 
the  following: 

And  provided  furlhcr,  That  when  any  property  of  a  defen- 
dant shall  be  levied  upon  and  offered  for  sale  under  execution, 
or  decretal  order,  according  to  tiie  provisions  of  this  section, 
and  shall  not  be  sold,  no  lurthcr  execution  on  the  same  judg- 
ment or  decree  shall  issue  for  twelve  months,  except  at  the  cost 
of  the  plaintiff. 

Which  was  adopted. 

Mr.  Watkins  moved  to  amend  by  adding  after  the  words 
"  original  execution,"  "  Nor  to  prevent  the  sale  of  perishable 
property  seized  on  attachment  or  proceedings  in  rcm;^^  which 
was  adopted. 

Mr.  Batson  offered  as  a  substitute  for  the  section  as  amended, 
the  following: 

That  no  sale  of  real  estate  shall  be  made  by  virtue  of  any 
execution,  mortgage,  or  deed  of  trust  before  the  1st  day  of  Janu- 
ary, A.  D.  1803. 

Sec.    2.  That    when    any   execution    shall    be    levied    upon 


456  JOURNAL  OF 


negroes  or  other  personal  property,  the  officer  making  such 
levy  ehall  summon  three  disinterested  householders  of  his  county, 
who  shall  take  an  oath  to  faithfully  view  and  appraise  such 
property  at  its  actual  cash  value,  and  the  defendant  may  retain 
possession  of  such  property  by  giving  bond  to  the  plaintilf, 
with  sufficient  security,  to  be  approved  by  the  officer,  in  the 
amount  for  which  said  property  was  appraised,  conditioned  for 
the  delivery  of  the  property  to  the  officer  on  the  1st  day  of 
January,  1863,  at  a  place  to  be  named  in  the  condition  of  said 
bond,  and  with  the  further  condition  that  in  case  the  property 
specified  in  said  bond  shall  not  be  delivered  as  provided  therein, 
or  the  amount  of  said  bond  paid,  then  said  bond  shall  have 
the  force  and  effect  of  a  judgment  upon  which  an  execution 
may  be  issued  against  all  the  obligors  thereof. 

Which  vi'as  not  adopted. 

Mr.  Batson  moved  to  strike  out  the  words  "according  to  its 
market  value,"  etc. 

Mr.  Cr3'er  moved  to  la}-  the  amendment  on  the  table;  which 
motion  prevailed. 

Mr.  Batson  moved  to  amend  by  striking  out  the  words, 
"  incurred  prior  to  the  6th  day  of  May,  1861;"  which,  on  motion 
of  Mr.  Cryer,  was  laid  on  the  table. 

Mr.  Carrigan  introduced  the  following  substitute  for  the  whole 

ordinance: 

Be  it  ordained  hy  the  people  of  the  Stale  of  Arkansas  in  con- 
vention assembled,  That  all  judgments  and  executions  now 
existing  on  judgments  in  the  State  of  Arkansas,  be,  and  the 
same  are  hereby  stayed  for  the  period  of  ten  years  from  this 
day,  with  the  privilege  to  the  party  or  parties  in  whose  favor 
such  judgments  or  executions  are,  to  force  the  party  or  parties 
against  whom  the  same  may  le,  to  give  additional  security, 
satisfactory  to  the  sheriff  of  the  proper  county,  upon  affidavit 
being  made  before  a  justice  of  the  peace  or  clerk  of  the  county, 
by  the  plaintiff"  in  such  judgments  or  executions,  that  such 
additional  security  is  necessai-y  to  make  the  claim  or  claims  of 
the  plaintiflJ"  safe;  And  be,  it  furthci-  ordained,  That  for  the 
period  of  two  years  from  this  day,  no  suits  shall  be  brought 
upon  demands  in  the  State  of  Arkansas,  with  the  privilege  to 
any  party  having  any  demands  against  persons  to  force  such 
persons  to  give  security  satisfactory  to  the  sheriff"  of  the  county 
in  which  the  debtor  may  live,  for  the  payment  of  such  demand 
or  demands  at  the  end  of  such  two  years,  in  case  the  claimant 
shall  make  affidavit  before  a  justice  of  the  peace  or  the  clerk- 
ofthe  county,  that  additional  securit}^  is  necessary  to  make 
such  claim  or  claims  safe. 


THE    CONVENTIOX.  457 

Which,  Oil  motion  of  Mr.  Cryer,  was  laid  on  the  table. 

The  section,  as  amended,  was  then  adopted. 

The  second  section  was  then  read. 

Mr.  Batson  moved  to  amend  by  striking  out  0th  May,  ISGI, 
and  inserting  "Gth  November,  ISGO;"  which,  on  motion  of  Mr. 
Hawkins  of  Ashley,  was  laid  on  the  table. 

Sections  3,  3  and  4  were  then  adopted.         • 

Mr.  Watkins  moved  to  amend  the  5lh  section  a?  follows: 

Insert  in  2d  line  after  the  word  "  court,"  the  words  "  and 
judgments  of  probate  courts  and  justices  of  the  peace  docketed 
in  the  proper  clerks  office.". 

Which  was  adopted. 
wlMr.   Watkins  moved    to    amend   by  inserting  "  lands  and" 
before  the  word  "slaves:"  which  was  adopted,  and  the  section,  as 
amended,  was  adopted. 

Sections  6  and  7  were  read  and  adopted. 

JMr,  Grace  moved  to  amend  by  inserting  for  section  8  as  follows: 

Sec.  8.  Be  it  further  onhiiiiecj ,  That  this  ordinance  shall  not 
be  so  construed  as  to  prevent  the  collection  of  interest  due  or 
to  become  due  upon  purchases  of  school  lands,  known  as  six- 
teenth sections,  or  of  interest  due,  or  to  become  due  upon 
money  loaned  and  belonging  to  the  school  funds  of  the  various 
townships  of  this  state,  or  of  interest  on  debts  due  to  minors; 
l)Ut  the  same  may  be  collected  in  the  manner  now  prescribed 
by  law;  and  it  is  further  provided  that  nothing  in  this  ordinance 
shall  be  so  construed  as  to  prevent  the  collection  of  taxes. 

W^hich  was  adopted. 

jMr.  Watkins  offered  the  following  as  an  additional  section: 

Sec.  10.  The  time  during  which  this  ordinance  is  in  force, 
shall  not  be  computed  in  any  case  where  the  statute  of  limita- 
tion comes  in  question. 

Which  was  adopted. 

JMr.  Johnson  oflered  the  following  as  an  additional  section: 

Sec.  9.  This  ordinance  shall  repeal  and  render  null  and  void 
the  ordinance  passed  by  this  convention  on  the  20th  day  of 
Ma}',  entitled  "  an  ordinance  concerning  sales  by  sheriffs  and 
constables  for  the  collection  of  debts." 

W'hich  was  adopted. 

Mr.  W'atkins  oflered  the  following  as  an  additional  section: 

Sec  11.  This  ordinance  shall  not  apply  to   any  liabilities 


458  JOURNAL    OF 


upon  the  part  of  public  officers  and  their  securities  for  them, 
either  to  the  state,  counties  or  individuals,  nor  to  interest  on 
debts  due  to  the  state. 

Which  was  adopted. 

Mr.  Robinson  moved  to  amend  by  adding: 

"  Neither  negroes,  horses,  mules,  cattle  nor  hogs,  shall  be 
deemed  perishable  property  under  this  ordinance." 

Which,  on  motion  of  Mr.  Kennard,  vi^as  laid  on  the  table. 
Mr.  Austin,  on  leave,  introduced  the  following 

RESOLUTION: 

Be  it  resolved,  That  no  delegate  to  this  convention  shall  be 
allowed  the  privilege  of  explaining  his  vote  except  in  writing, 
which  shall  be  entered  upon  the  journals  of  this  convention. 

Which  was  adopted. 

Mr.  Gould  offered  the  foUov^^ing  amendment  to  the  ordinance 

as  an  additional  section: 

Be  it  further  orddiiud.  That  it  shall  be  'the  duty  of  the 
officer  levying  an  execution,  to  levy  on  property  as  near  the 
amount  of  the  judgment  as  possible,  if  the  defendant  has  such 
property. 

Which,  on  motion  of  Mr.  Gould,  was  adopted. 

Mr.  Cryer  moved  to  adopt  the  ordinance  as  amended. 

On  which,  Mr.  Fishback  called  for  the  ''eas  and  nays,  which 
was  sustained,  ordered,  and  had  with  the  following  result: 

Yeas — Messrs.  Baber,  Bussey,  Carrigan,  Clingman,  Cren- 
sha,  Cryer,  Cypert,  Dollarhide,  Flanagin,  Gould,  Grace,  Haw- 
kins of  Ashley,  Hawkins  of  Sevier,  Hill,  Hilliard,  Hobson,  John- 
son, Lanier,  Mayo,  Patterson  of  Jackson,  Ray,  Rhodes,  Shelton, 
Slemons,  Smith,  Smoote,Spivey,  Totten  of  Arkansas,  Wallace, 
Watkins  and  Yell— 31. 

Nays — Messrs.  Adams  of  Izard,  Austin,  Batson,  Bolinger, 
Bush,  Campbell,  Cochran,  Desha,  Dinsmore,  Dodson,  Fishback, 
Floyd,  Fort,  Hobbs,  Kelley,  Kennard,  Parks,  Robinson,  Stall- 
ings,  Stilhvell,  Stirman,  Stout,  Turner,  Walker  and  Mr.  Presi- 
dent— 25. 

Mr.  Totten  of  Prairie,  asked  to  be  and  was  excused  from 
voting. 


i 


THE    CONVEXTIOX.  459 

The   following   explanation   was   placed   on    the   secretary's 

table: 

We  vote  "  aye;"  it  is  not  such  as  we  wish,  hut  as  it  is  the 
best  we  can  get,  considering  the  limited  time  we  have  before 
adjournment,  deeming  some  kind  of  stay  law  necessary  lor 
the  times. 

A.  W.  HOBSON, 
J.  M.  SMITH, 
A.  H.  CARRIGAN, 
G.  r.  SMOOTE, 
J.  N.  CYPEUT, 

j\Ir.  Hobbs  also  explained  his  vote. 

So  the  ordinance,  as  amended,  was  adopted. 

Mr.  Carrigan  introduced 

ORDINANCE  No.  SU. 

Be  it  ordained  by  the  people,  of  the  Slate  oj  Arkansas  in  con- 
vention assembled,  That  the  military  board  be,  and  they  are 
hereby  required  to  call  major  general  James  Yell  into  active 
service  of  the  State,  so  that  he  may  be  enabled  without  delay 
to  have  an  efficient  volunteer  force  in  the  field,  to  repel  an 
invasion  now  about  to  be  made  by  Lincoln's  forces  upon  the 
State  ot  Arkansas,  and  to  continue  in  service  until  superceded 
by  sufficient  force  from  the  Confederate  States,  and  so  that  he 
may  be  enabled  through  his  commissary  to  make  provisions  for 
the  supplies  necessary  to  maintain  said  troops. 

]\Ir.  Cypert  moved  to  amend  b}^  additional  section;  which, 
together  with  the  ordinance,  on  motion  of  IMr.  Watkins,  was 
laid  on  the  table. 

Mr.  Floyd  offered  the  following 

RESOLUTION: 

Resolved,  That  the  secretary  of  this  convention  is  hereby 
required  to  send  a  certified  copy  of  the  ordinance  adopting  the 
permanent  constitution  of  the  Confederate  States,  to  the  secre- 
tary of  state  of  the  Confederate  States  at  Richmond. 

Which  was  adopted. 

I\Ir.  Patterson  of  Jackson,  introduced 

ORDINANCE  No.  82. 

As  0rdin,\nce  to  aid  the  Mililary  Board,  etc. 


460  JOURNAL    OF 


Be  and  it  is  htrthy  ordained.  That  the  military  board  of  this 
state  are  hereby  authorized,  and  they  shall  have  the  power  to 
appoint  all  agents  which  shall  be  deemed  necessary  to  carry 
into  execution  the  powers  heretofore  conferred  upon  them,  and 
that  they  shall  have  power  and  authori'^y  to  compensate  such 
agents  lor  such  service  as  may  be  rendered. 

Which  was  read. 

Mr.  Carrigan  moved  to  amend  by  adding  the  following  addi- 
tional section: 

Be  it  further  ordained,  That  the  military  board  shall  also 
be  required  to  call  the  major  general  into  active  service  before 
they  shall  appoint  the  above  agents,  and  shall  not  interfere 
with  the  appointments  of  the  major  general. 

Mr.  Smith  moved  to  lay  the  amendment  on  the  table;  on 
which,  Mr.  Cryer  called  for  the  yeas  and  nays,  which  was  sus- 
tained, ordered  and  had  with  the  following  result: 

Yeas — Messrs.  Batson,  Bolinger,  Bush,  Campbell,  Clingman, 
Crenshaw,  Cypert,  Dinsmore,  Fishback,  Flanagin,  Floyd,  Grace, 
Hanly,  Hill,  Hilliard,  Ilobbs,  Johnson,  Kelley,  Mayo,  Murphy, 
Pattersoji  of  Jackson,  Shelton,  Smith,  Stallings,  Stillwell,  Stir- 
man,'  Stout,  Totten  of  Arkansas,  Turner,  Watkins  and  Mr. 
President — 31. 

Nays — Messrs.  Adams  of  Izard,  Austin,  Baber,  Carrigan, 
Cryer,  Cochran,  Desha,  Dodson,  Dollarhide,  Fort,  Hawkins  of 
Ashley,  Hawkins  of  Sevier,  Kennard,  Lanier,  Parks,  Raj', 
Rhodes,  Robinson,  Slemons,  Smoote,  Walker  and  Wallace — 22. 

Messrs.  Totten  of  Prairie  and  Yell  asked  to  be,  and  were 
excused  from  voting. 

Mr.  Stout  filed  the  following  explanation: 

I  vote  to  lay  the  ordinance  on  the  table,  because  I  voted  for 
the  ordinance  to  create  the  military  board,  and  I  am  not  pre- 
pared to  say  that  the  board  is  insufficient  for  the  task  imposed 
on  them;  I  vote  aye;  I  also  voted  for  General  Yell,  and  hope 
he  will,  when  necessary,  be  called  into  service. 

So  the  amendment  was  laid  upon  the  table;  and  on  motion, 
the  ordinance  was  adopted. 

Mr.  Baber,  from  the  committee  on  enrollments,  made  the 
followins: 


THE  CONVENTION.  461 

REPORT: 

]\Ir.  President — 

Your  committee  on  enrollments  have  examined  "  an 
ordinance  to  postpone  the  time  of  the  sales  of  the  lands  in  the 
Fort  Wayne  reserve. 

"  An  ordinance  to  provide  for  the  relief  of  the  families  of 
volunteers  in  actual  service  in  certain  cases." 

"  An  ordinance  supplementary  to  an  ordinance,  entitled  '  au 
ordinance  to  provide  revenue  for  the  State  of  Arkansas.'  " 

"  An  ordinance  providing  for  special  sessions  of  county 
courts." 

"  An  ordinance  to  prevent  aid  and  comfort  being  given  to 
the  enemy. 

"  An  ordinance  to  require  certain  ofllcers  to  pay  certain 
moneys  to  the  state." 

"  An  ordinance  to  divide  the  State  of  Arkansas  into  con- 
gressional districts." 

"  An  ordinance  ratifying  the  permanent  constitution  of  the 
people  of  the  Confederate  States  of  America,"  and  have  in- 
structed me  to  report  the  same  correctly  enrolled. 

BABE  11,  Chairman,  pro  ttm. 

Which  was  received. 

Mr.  Ilanly  was  called  to  the  chair. 

iMr.  President  introduced  the  following 

ORDINANCE  No.  83 

Be  it  ordained  hy  the  people  of  Arkansas  in  convention  asscm- 
bkd,  That  the  members  of  the  military  board  be  allowed  hence- 
forth remuneration  at  seven  dollars  per  day,  instead  of  five 
dollars  as  specified  in  the  ordinance  creating  said  board,  and 
the  auditor  of  the  state  is  hereby  authorized  to  issue  warrants 
for  the  same. 

Pending  the  discussion  of  which,  on  motion  of  Mr.  Yell,  the 
convention  took  a  recess  until  8  o'clock  P.  jM. 


8  o'clock,  P.  M. 
Convention  met. 
Roll  called. 


462  JOUKNAL    OF 


present: 

Messrs.  Adams  of  Izard,  Austin,  Baber,  Batson,  Bolinger, 
Bush,  Campbell,  Carrigan,  Clingman,  Crenshaw,  Cryer,  Cypert, 
Cochran,  Desha,  Dinsmore,  Dodson,  Dollarhide,  Fishback,  Flan- 
agin,  Floyd,  Fort,  Gould,  Grace,  Hanly,  Hawkins  of  Ashley, 
Hawkins  of  Sevier,  Hill,  Hilliard,  Hobbs,  Johnson,  Kelley, 
Kennard,  Lanier,  Mayo,  Murphy,  Parks,  Patterson  of  Jackson, 
Ray,  Robinson,  Smith,  Smoote,  Spivey,  Stillwell,  Stirman, 
Stout,  Tatum,  Totten  of  Arkansas,  Totten  of  Prairie,  Turner, 
Walker,  Wallace,  Watkins,  Yell  and  Mr.  President — 54. 

Mr.  Totten,  of  Arkansas,  introduced 

ORDINANCE  No.  84. 

An  Ordinance  for  the  benefit  of  Arkansas  countif. 

Be  it  ordained  by  the  people  of  the  State  of  Arkansas  in  conven- 
tion assembled,  That  the  present  boundaries  of  the  county  of 
Arkansas  shall  never  be  reduced  below  the  present  limits,  unless 
it  shall  be  by  the  consent  of  a  majority  of  the  qualified  voters 
of  said  county,  expressed  at  a  regular  election. 

Which  was  read  and  adopted. 

Mr.  Patterson,  of  Jackson,  introduced 

ORDINANCE  No.  85. 

An  Ordinance    To  autliorize  the  people  of  the  county  of  Jackson  to 
create  a  new  county  out  of  its  present  limits. 

Sec.  1.  Be  it  and  it  is  hereby  ordained  by  the  people  of  the 
State  of  Arkansas  in  convention  assenibled:  That  it  shall  be 
lawful  for  the  people  of  the  county  of  Jackson,  in  the  St^te  of 
Arkansas;  at  any  time  hereafter,  when  they  may  see  proper  to 
do  so,  to  create  a  new  county  out  of,  arid  within  the  present 
limits  of  said  county,  including  any  other  territory  that  may 
hereafter  be  acquired  by  said  county. 

Sec.  2.  Before  any  new.  county  shall  be  constituted,  it  shall 
be  determined  by  a  majority  of  the  voters  of  said  county,  to  be 
taken  under  orders  of  the  several  county  courts  of  said  county. 

Sec.  3.  If  it  shall  le  determined  by  *uch  vote  that  a  new 
county  may  be  established,  then  it  shall  be  lawful  for  said 
couflty,  by  order  of  the  several  county  courts  therein,  to  elect 
five  commissioners,  who  shall  have  full  power  and  authority  to 
define  the  boundaiues  ol  such  new  county,  which  election  shall 


THE   CONTENTION.  4G3 


be  governed  by  the  same  rules  and  regulations  now  provided  by 
law  for  holding  the  general  elections  of  the  state. 

Sec.  4.  Such  new  county,  when  so  established,  shall  be  enti- 
tled to  the  same  representation  in  the  General  Assembly  of  this 
state,  as  other  counties  are  now  entitled  to,  according  to  the 
ratio  of  representation  now  existing,  and  be  subject  to  any 
changes  that  may  hereaiter  be  made  by  the  General  Assembly. 

Sec.  5.  After  such  new  county  shall  be  established,  as  here- 
inbefore provided,  the  qualified  voters  of  said  new  county  may 
elect  three  commissioners,  who  shall  have  full  power  to  locate 
a  permanent  county  seat,  of  said  new  county,  and  to  do  all 
other  acts  which  may  be  necessar}'  to  be  done  to  a  complete 
organization  of  such  new  county.  Provided,  That  said  election 
may  be  conducted,  in  all  things,  according  to  the  law  of  hold- 
ing general  elections  in  this  state. 

Sec.  G.  This  ordinance  shall  be  in  force  from  and  after  its 
adoption,  and  all  laws  by  way  of  ordinance,  or  otherwise,  in 
conflict  herewith,  shall  be  null  and  void. 

Which  was  read  and  adopted. 
Mr.  Parks  offered  the  following 

RESOLUTION: 

Resolved,  That  when  this  convention  of  patriotic  delegates 
finally  adjourn,  that  they  organize  themselves  into  a  company 
of  cavalry  and  proceed  to  elect  their  officers,  and  march  to  the 
western  frontier  of  our  state,  to  meet  the  enemy  in  battle. 

JMr.  Watkins  moved  to  lay  the  resolution  on  the  table.  On 
which  motion  JMr.  Desha  called  for  the  yeas  and  nays. 

Which  was  sustained,  ordered  and  had  with  the  following, 
result: 

Yeas — Messrs,  Adams  of  Izard,  Carrifran,  Clingman,  Cren- 
shaw, Cryer,  Cypert,  Cochran,  Dodson,  Dollarhide,  Flanagin, 
Floyd^  Grace,  Hanly,  Hilliard,  Kelley,  Kennard,  Mayo,  Murphy, 
Ray,  Smoote,  Spivey,  Stout,  Tottenof  Prairie  Watkins  and 
jNIr.  President — '■*'). 

Nays — Messrs.  Austin,  Baber,  Batson,  Bolinger,  Bush,  Camp- 
bell, Desha,  Fort,  Hawkins  of  Ashley,  Hawkins  of  sevier,  Hill, 
Hobbs,  Johnson,  Parks,  Patterson  of  Jackson,  Robinson,  Shel- 
ton,  Smith,  Stillwell,  Stirman,  Totten  of  Arkansas,  Turner, 
Walker,  Wallace  and  Yell — 2o. 

So  the  motion  to  lay  on  the  table  was  lost. 


4G4  JOURNAL    OP 


Messrs.  Carrigan  and  Cj'pert  presented  the  following  expla- 
nation of  their  votes. 

We  vote  to  lay  the  resolution  on  the  table,  for  the  reason 
that  we  fear  if  it  be  adopted  we  may  never  adjourn,  or  that  we 
would  all  wish  to  be  officers. 

Mr.  Pafks  then  withdrew  his  resolution. 
Mr.  Grace  introduced 

ORDINANCE  No.  8G. 

An  Ordinance   To  provide  for  filling  certain  vacancies. 

Beit  ordained  by  the  people  of  the  State  of  Arkansas,  in  con- 
vention assembled,  That  in  the  event  a  vacancy  should  occur, 
by  death,  resignation,  or  otherwise,  in  the  offices  of  brigadier- 
general  or  major-general,  created  by  the  ordinances  of  this 
convention,  it  shall  be  the  duty  of  the  military  board  to  fill 
such  vacancy,  and  this  ordinance  shall  be  in  force  from  and 
alter  its  adoption. 

Which  was  read  and  adopted. 

Mr.  Adams,  of  Izard,  introduced 

ORDINANCE  No.  87. 

An  Ordinance  Li  relation  to  th?  army  and  militia  of  the  State  of 

Arkansas. 

Be  it  ordained,  bij  the  people  of  the  Stale  of  Arkansas  in  conven- 
tion assembled.  That,  that  portion  of  the  militia  and  army  of 
Arkansas,  now,  or  hereafter  called  into  actual  service,  shall  be 
subject  to  the  rules,  regulations  and  articles  of  war  of  the  Con- 
federate States,  except  so  far  as  they  are  in  conflict  with  the 
ordinances  of  this  convention. 

Which  was  read  and  adopted. 
Mr.  Smoote  introduced 

ORDINANCE  No.  88- 

x\n  Ordinance  for  the  relief  of  Richard  H.  Thompson,  as  sheriff 
and  collector  of  the  county  oj  Jefferson;  James  C.  Drennen,  as 
slieriff  and  collector  of  the  county  of  Columbia;  James  JSorris, 
as  the  sheriff  and  collector  of  the  county  of  Ashleij;  Robert 
Seivel,  as  sheriff  and  collector  of  the  county  of  Union;  and  W. 
A.  Alexander,  as  sheriff  and  collector  of  the  county  of  Hempstead. 

Whereas,  Richard  H.  Thompson,  as  sheriff  and  collector  of 


THE    CONVENTIOX.  465 

the  county  of  Jeflerson;  James  C.  Drennen,  as  sherili"  and  col- 
lector of  the  county  of  Columbia;  Jam;  -^  Norrie:,  as  the  sheritf 
and  collector  of  the  county  of  Ashley;  Robert  Sewel,  as  the 
sheriff  and  collector  of  the  county  of  Unioij;  and  W.  A.  Alex- 
ander, as  sheriff  and  collector  of  the  county  of  Hempstead, 
have  not,  as  yet,  fully  paid  into  the  treasury  of  the  State  of 
Arkansas,  the  taxes  due  from  said  counties  to  the  State  of  Ar- 
kansas for  the  year  1800,  as  they  were  required  to  do  by  law; 
And  ivhcreas,  This  convention  is  satisfied  that  said  default  so 
made  by  the  said  sheriffs  and  collectors  above  named,  respec- 
tively, was  not  so  made  with  any  view  of  defrauding  the  state, 
but  was  caused  by  the  stringency  of  the  times  and  the  existence 
of  the  present  war;  therefore, 

JSe  it  ordained  bi/  t/ic  people  of  iJie  SUdc  of  Arkan&as  in  on- 
vcntiou  asso/ddcd,  That  the  governor  of  the  State  of  Arkansas 
is  hereb}^  authorized,  empowered  and  instructed  to  release  such 
of  the  above  named  sheriffs  and  collectors  from  the  penalty 
now  prescribed  against  them  by  law  for  such  default,  who  shall, 
within  sixty  days  from  the  adoption  of  this  ordinance,  pay  into 
the  state  treasury  the  full  amount  of  the  taxes  due  from  the 
said  counties  of  Jefferson,  Columbia,  Ashley,  Union  and  Hemp- 
stead, respectively,  for  the  year  18G0,  and  produce  to  the  govci- 
nor  the  legal  vouchers  of  such  payments;  Provided,  That  neither 
of  the  said  sheriffs  and  collectors,  who  shall  fail  to  pay  the  full 
amount  of  taxes  due  to  the  state  from  the  county  of  which  he 
is  sheriff  and  collector,  as  aforesaid,  for  the  year  18(50,  into  the 
state  treasur}'  within  sixt)^  days  from  the  date  of  the  adoption 
of  this  ordinance,  shall  be,  nor  shall  either  of  his  securities  be, 
in  any  wise,  released  by  this  ordinance,  or  by  any  authority 
given  under  this  ordinance,  from  any  penalty  which  has  or  may 
accrue  against  him  on  account  of  such  default  or  otherwise. 

Which  was  read  and  adopted. 

Mr.  Cryer  offered  the  following 

RESOLUTION: 

Resolved,  That  at  tlje  hour  of  six  o'cloclc  p.  m.,  of  Monday, 
the  third  day  of  June,  1801,  this  convention  stand  adjourned, 
subject  to  be  convened  by  proclamation  of  the  president,  or  the 
military  board,  or  governor,  and  unless  convened  on  or  betbre 
the  first  day  of  January,  18G2,  it  shall  stand  adjourned  without 
day. 

Mr.  Patterson,  of  Jackson,  moved  to  amend  by  striking  out 
all  after  the  word  "  adjourned,"  and  insert  ".fme  rf/c." 

On  the  adoption  of  which  Mr.  Patterson  called  for  the  yea.^ 
30 


466  JOUENAL    OF 


and  nays,  which  was  sustained,  ordered  and  had  with  the  fol- 
lowing result: 

Yeas— Messrs.  Adams  of  Izard,  Batson,  Bolinger,  Campbell, 
Clingman,  Cypert,  Dinsmore,  Dodson,  Dollarhide,  Flanagin, 
Floyd,  Grace,  Hawkins  of  iVshley,  Hawkins  of  Sevier,  Hill, 
Hobbs,  Mayo,  Patterson  of  Jackson,  Ray,  Shelton,  Slemons, 
Spivey,  Stout,  Tatum,  Totten  of  Arkansas,  Totten  of  Prairie, 
Yell  and  Mr.  President— 28. 

Nays — Messrs,  Austin,  Baber,  Bush,  Carrigan,  Crenshaw, 
Cryer,  Cochran,  Desha,  Fishback,  Fort,  Gould,  Hanly,  Hil- 
liard,  Hobson,  Johnson,  Kelley,  Kennard,  Murphy,  Parks, 
Robinson,  Smith,  Smoote,  Stallings^  Stillwell,  Stirman,  Turner, 
Walker,  Wallace  and  Watkins— 29. 

So  the  amendment  was  not  adopted. 

Mr.  Hanly  introduced 

ORDINANCE  No.  89. 

An  Ordinance    Concerning  revenue. 

Be  it  ordained  by  the,  ptople  of  the  State  of  Arkansas,  in  con- 
vention assembled: 

Section  1.  That  the  collectors  of  the  public  revenue  shall  not 
receive  from  any  person  more  than  two-thirds  of  the  tax,  or 
revenue,  due  from  such  person  to  the  state,  in  state  bonds,  cou- 
pons or  treasury  warrants.  And  the  other  third  part  of  the 
taxes,  or  revenue  due  from  such  person,  shall,  in  every  instance, 
be  paid  in  coin,  notwithstanding  such  person  may  have  in  his 
possession,  and  tender  in  payment,  bonds,  coupons  or  scrip; 
Provided,  That  tax-payers  shall  have  the  right  to  pay  the 
amount  required  to  be  paid  in  coin,  in  over-due  coupons  that 
may  be  redeemable  for  the  year  that  the  taxes  are  due. 

Mr.  Johnson  offered  the  following  amendment: 

Be  it  further  ordained,  That  every  sheriff,  or  other  collector 
of  taxes  for  the  State  of  Arkansas,  who  has  not  paid  into  the 
state  treasury  the  revenue  due  the  state  for  the  year  1860,  from 
the  county  for  which  he  is  collector,  shall  collect  and  pay  the 
same,  or  such  part  thereof  as  remains  unpaid,  into  the  treasury 
in  coin. 

Which  was  accepted. 

Mr.  Desha  moved  to  lay  the  ordinance  upon  the  table,  and 


THE    CONVENTION.  467 


called  for  the  yeas  and  nays;  which  call  being  sustained  was 
ordered  and  had  with  the  following  result: 

Yeas — Messrs.  Adams  of  Izard,  Batson,  Bolinger,  Bush,  Camp- 
bell, Carrigan,  Cypert,  Cochran,  Desha,  Dinsmore,  Dodson, 
Fishback,  Floyd,  Fort,  Gould,  Hawkins  of  Ashley,  llobbs, 
Murphy,  Parks,  Ray,  Robinson,  Shelton,  Stillwell,  Stout  and 
Turner— 25. 

Nays — Messrs.  Clingman,  Crenshaw,  Crycr,  Dollarhide, 
Flanagin,  Grace,  Hanly,  Hawkins  of  Sevier,  Hill,  Hilliard, 
Johnson,  Kelley,  Kennard,  Mayo,  Patterson  of  Jackson,  Slem- 
ons.  Smith,  Smoote,  Stirman,  Tatum,  Totten  of  Arkansas,  Tot- 
ten  of  Prairie,  Walker,  Weillace  Watkins,  Yell  and  Mr.  Presi 
dent— 27. 
J^So  the  ordinance  was  not  laid  on  the  table. 

Mr.  Robinson  moved  to  amend  by  adding  "  the  specie  collec- 
ted by  the  operation  of  this  ordinance  shall  be  set  apart  to  pay 
the  soldiers  called  into  the  arn^y  of  the  state,  until  they  are 
paid  oflV 

Mr.  Smoote  moved  to  lay  the  amendment  upon  the  table,  on 
which  motion  Mr.  Robinson  called  for  the  yeas  and  nays,  which 
call  was  sustained,  ordered  and  had  with  the  following  result: 

Yeas — Messrs.  Adams  of  Izard,  Austin,  Batson,  Bush,  Cling- 
man, Crenshaw,  Cryer,  Cypert,  Dollarhide,  Fishback,  Flana- 
gin, Gould,  Grace,  Hanly,  Hawkins  of  Ashley,  Hawkins  of 
Sevier,  Hill,  Hilliard,  Hobbs,  Johnson,  Kelley,  Kennard,  Mayo, 
Patterson  of  Jackson,  Slemons,  Smith,  Smoote,  Spivey,  Stallings, 
Stillwell,  Stirman,  Stout,  Tatum,  Totten  of  Arkansas,  Totten 
of  Prairie,  Turner,  Walker,  Wallace,  Watkins  and   Yell — ys. 

Nays — Messrs.  Bolinger,  Campbell,  Carrigan,  Desha,  Dins- 
more,  Floyd,  Murphy,  Parks,  Raj'  'and  [Robinson — 10. 

So  the  amendment  was  laid  upon  the  table. 

Mr.  Dollarhide  introduced 

ORDINANCE  No.  00. 

An  Ordinance  Authorizing  the  judges  of  the  county  courts  through- 
out the  state  to  receive,  resignations  of  members  of  this  convention, 
and  order  elections  for  filing  the  vacancies  occasioned  by  such 
vesi^-nations . 


468  JOURNAL    OF 


Be  it  ordained  hy  the  people  of  the  State  of  Arkansas,  in  conven- 
tion  assembled,  Thtit  the  several  presiding  judges  of  the  county 
courts  throughout  the  state,  be,  and  they  are  hereby  author- 
ized and  empowered  to  receive  the  resignations  of  members  of 
this  conventi<in,  and  on  receipt  of  such  resignations  to  order 
elections  to  fill  the  vacancies  occasioned  by  such  resignations, 
and  to  order  elections  to  fill  all  vacancies  occasioned  by  death, 
removal  or  other  cause. 

Which  was  read  and  adopted. 

Mr.  Carrigan  offered  the  following 

RESOLUTION: 

Resolved,  That  the  governor  of  the  State  of  Arkansas  be, 
and  he  is  hereby  requested  to  convene  the  legislature  of  the 
State  of  Arkansas,  on  some  day  previous  to  the  22d  of  Febru- 
ary next,  to  take  into  consideration  the  time  and  place  of  hold- 
ing elections  for  senators  to  represent  the  State  of  Arkansas, 
under  the  permanent  government  of  the  Confederate  States  of 
America. 

Which,  on  motion  of  Mr.  Stillwell,  was  laid  on  the  table. 

Mr.  Walker  introduced 

ORDINANCE  No.  9L 

An  Ordinance  attaching  a  ■part  of  the   cmi.ntj/  of  Sebastian  to  the 
counties  of  Scott  and  Polk. 

Be  it  ordained  hy  the  ijeople  of  the  State  of  Arkansas  in  con- 
vention assembled: 

Section  1.  That  all  that  part  of  Sebastian  county  lying  south 
of  the  Porteau  mountain,  and  taken  from  the  county  of  Scott 
for  the  purpose  of  creating  the  county  of  Sebastian,  be,  and  is 
hereby  attached  to  and  made  a  part  of  the  county  of  Scott. 

Sec.  2.  Be  it  further  ordained,  That  all  that  part  of  Polk 
county  which  was  taken  by  an  act  of  the  General  Assembly  in 
the  creation  of  Sebastian  county  be,  and  is  hereby  attached  to 
and  made  a  part  of  said  county  of  Polk, 

Sec  3.  Beit  further  ordained.  That  nothing  in  this  ordinance 
shall  be  so  construed  as  to  effect  any  suit  now  pending  in  any 
court  of  justice,  or  the  collection  of  revenue  in  the  counties 
herein  named. 

Sec.  4.  Be  it  furtlier  ordained,  That  this  ordinance  shall  be 
in  force  from  its  adoption. 

Which  was  read  and  adopted. 

Mr.  Cypert  introduced 

t 


THE    CONVENTION.  469 


ORDINANCE  No.  92. 

An  Ordinance  in  relation  to  the  chief  justice  of  the  supre?nc  couii . 

Be  it  ordained  hij  the  people  of  the  Sldtc  of  Arkansas  in  conven- 
ii(>n  assembled,  That  that  portion  of  the  constitution  adopted  by 
this  convention,  providing  that  the  judge  of  the  supreme  court, 
holding  under  the  oldest  commission,  should  be  chief  justice, 
s4iall  not  be  so  construed  as  to  change  the  relations  of  the  pre- 
sent incumbents,  during  their  present  terms  of  office. 

Which  was  read  and  adopted. 

]\Ir.  Kennard  oflered  the  following 

RESOLUTION: 

Resolved,  That  the  secretary  of  this  convention  be  required 
to  have  five  thousand  copies  of  the  ordinances  and  resolutions 
adopted  and  passed  by  this  convention,  printed;  and  that  such 
copies,  together  with  the  journals  heretofore  ordered  to  be 
printed,  be  distributed  as  the  secretary  was  ordered  to  distribute 
the  journals  at  the  last  session  of  this  convention. 

Which  was  read  and  adopted.  ^ 

Mr.  Cypert  offered  the  following 

RESOLUTION: 

Resolved,  That  the  secretary  'of  this  convention,  and  the 
chief  justice  of  the  state,  are  hereby  empowered  to  compare 
the  enrolled  copy  of  the  constitution,  and  attach  the  sheet  to 
the  same  signed  by  the  members  of  this  convention,  and  the 
same  shall  be  as  valid  as  if  signed  in  open  convention. 

Which  was  adopted. 

Mr.  Batson  introduced 

ORDINANCE  No.  93. 

An  Ordinance  supplciiienlary  to  an  ordinance  entitled  "  an  ordi- 
nance to  authorize  the  people  of  the  cmintxj  of  Jackson  to  create 
a  new  count))  out  oj  its  present  limits.'''' 

Be  it  ordained  hy  the  people  of  the  State  of  Arkansas  in  conven- 
vention  assembled,  That  the  provisions  of  the  ordinance  enti- 
tled "  an  ordinance  to  authorize  the  people  of  the  county  of 
Jackson  to  create  a  new  county  out  of  its  present  limits."  shall 
apply  to  the  people  of  the  counties  of  Johnson,  Lafayette  and 
Sevier  counties. 

Which  was  read  and  adopted. 

Mr.  Yell  introduced 


470  JOUENAL    OF 


ORDINANCE  NO.  94. 

An  Ordinance  appropriating  a  siuii  of  money. 

Bt  it  ordained  by  the  people  of  the  State  of  Arkansas  in  con- 
vention assembled,  That  the  sum  of  five  thousand  dollars  be, 
and  the  same  is  hereby  appropriated  to  Gen.  Thomas  H.  Brad- 
ley, out  of  any  money  now  in  the  treasury,  it  being  for  money 
advanced  to  Gen.  James  Yell,  for  the  Arkansas  troops  opposite 
Memphis,  if  he  has  not  retained  such  sum  so  advanced,  out  of 
the  ten  thousand  dollars  heretofore  appropriated;  if  he  has,  the 
said  five  thousand  dollars  shall  be  placed  in  the  rx-.ilitary  chest 
of  the  second  division  of  Arkansas  volunteers. 

Which  was  read  and  adopted. 

Mr.    President   appointed   Messrs.    Stilhvell   and    Dinsmore 

additional  members  of  the  committee  on  enrollments. 

Mr.  Flanagin  introduced 

ORDINANCE  No.  95. 

A}^  Ordinance  in  relation  to  proceedings  pending  in  the  courts  of 
the  United  Slates. 

Be  it  ordained  by  the  people  of  the  State  of  Arkansas  in  conven- 
tion asse??ib/ed.  That  all  proceedings  pending  in  the  late  courts 
of  the  United  States,  in  this  state,  shall  be  transferred  to  the 
courts  of  the  Confederate  States  in  the  same  manner  as  though 
the  proceedings  had  been  commenced  in  the  said  courts  of  the 
Confederate  States,  and  said  courts  shall  have  power  to  deter- 
mine and  dis])ose  of  said  proceedings,  and  enforce  the  judg- 
ments and  decrees  rendered  in  said  United  States  courts. 

Be  it  further  ordained,  That  cases  pending  in  the  supreme 
court  of  the  United  States,  from  this  state,  if  they  shall  be  here- 
after determined,  the  adjudication  shall  be  enforced. 

^Yhich  was  read  and  adopted. 

Mr.  Mayo  introduced  . 

ORDINANCE  No.  96. 

An  Ordinance  to  restore  in  part  the  militia  law  of  this  state. 

Section  1.  Be  it  ordained  by  the  people  of  the  State  of  Arkansas 
in  convention  assembled,  That  the  ordinance  passed  by  this  con- 
vention; entitled  "  an  ordinance  to  suspend  the  operation  of  an 
act  of  the  General  Assembly,  entitled  '  an  act  amendatory  of 
the  militia  laws  of  Arkansas,'  approved  the  21st  of  January, 
1861,"  be,  and  the  same  is  hereby  repealed. 

Sec  2.  Be  it  further  ordained,  That  the  act  of  the  General 


THE    CONVENTION.  471 

Assembly,  mentioned  in  the  first  section  of  this  ordinance,  be, 
and  the  same  is  hereby  declared  to  be  in  full  force  and  efTect; 
Provided,  That  nothing  in  said  act  of  the  General  Assembly, 
or  this  ordinance,  shall  be  so  construed  as  to  authorize  militia 
officers  or  privates  to  draw  any  pay  from  the  treasury  of  this 
state,  unless"  such  officers  or  privates  sliall  have  been  called  into 
the  actual  service  of  this  state  by  order  of  the  military  board, 
nor  shall  any  money  be  paid  out  of  the  treasury  under  the  act 
aforesaid,  except  by  order  of  the  military  board. 

Which  was  read  and  adopted. 

!Mr.  Patterson  of  Jackson,  offered  the  following 

RESOLUTION: 

Resolved,  That  the  thanks  of  this  convention  be,  and  are 
hereby  tendered  the  president  of  the  convention,  for  the  able 
and  impartial  manner  in  which  he  has  presided  over  the  delib- 
erations of  this  body. 

Which  was  adopted. 

Mr.  Grace  tendered  his  resignation  as  a  delegate  to  this  con- 
tion  from  the  county  of  Jefferson,  giving  as  his  reason,  that  the 
resolution  to  adjourn  sine  die  was  not  adopted;  said  resignation 
to  take  effect  IMonday  morning;  which  was  accepted. 

Messrs.  Patterson  of  Jackson,  Totten  of  Arkansas,  Totten  of 
Prairie,  Adams  of  Izard  and  Robinson,  severally  tendered  their 
resignations  as  delegates  to  this  convention  from  their  respec- 
tive counties;  which  were  accepted. 

Mr.  President  Walker,  in  a  few  brief  and  appropriate  remarks, 
also  tendered  his  resignation  as  president  and  member  of  this 
convention. 

Which  was  accepted,  and  the  convention  proceeded  to  elect 
a  successor  to  President  Walker. 

Mr.  Desha  nominated  the  lion.  George  C.  Watkins. 

There  being  no  other  nomination,  ]Mr.  Watkins  was  declared 
duly  elected,  by  acclamation,  president  of  this  convention. 

Mr.  Kennard,  from  the  committee  on  enrollments,  made  the 
following 

REPORT: 

Mr.  President — 

The   committee   on    enrollments^   have  examined   the 
enrollments  of 


472  JOURNAL    OF 


An  ordinance  for  the  relief  of. Richard  H.  Thompson,  as 
sheriff  and  collector  of  the  county  of  Jefterson;  James  C.  Dren- 
nen,  as  sheriff  and  collector  of  the  county  of  Columbia;  James 
Norris,  as  sheriff  and  collector  ot  the  county  of  Ashley;  Robert 
Sewel,  as  sheriff  and  collector  of  the  county  of  Union;  and  W. 
A.  Alexander,  as  sheriff  and  collector  of  the  county  of  Hemp- 
stead. 

An  ordinance  to  authorize  the  people  of  Jackson  count}'  to 
create  a  new  county  out  of  its  present  limits. 

An  ordinance  supplementary  ta  an  ordinance  entitled  "  an 
ordinance  to  authorize  the  people  of  the  county  of  Jackson  to 
create  a  new  county  out  of  its  present  limits." 

An  ordinance  authorizing  the  judges  of  the  county  courts 
throughout  the  state  to  receive  resignations  of  members  of  this 
convention,  and  order  elections  for  filling  the  vacancies  occa- 
sioned by  such  resignations. 

An  ordinance  for  the  benefit  of  Arkansas  county. 

An  ordinance  c(mcerning  revenue. 

An  ordinance  in  relation  to  the  army  and  militia  of  the  State 
of  Arkansas. 

An  ordinance  to  provide  for  filling  certain  vacancies. 

An  ordinance  to  restore  in  part  the  militia   law  of  this  state. 

An  ordinance  attaching  a  part  of  the  county  of  Sebastian  to 
the  counties  of  Scott  and  Polk. 

An  ordinance  in  relation  to  proceedings  pending  in  the  courts 
of  the  United  States. 

An  ordinance  in  relation  to  the  chief  justice  of  the  supreme 
court. 

An  ordinance  to  aid  the  military  board. 

And  an  ordinance  appropriating  a  sum  money;  and  have 
instructed  me  to  report  the  same  correctly  enrolled. 

In  closing  their  labors,  the  committee  unanimously  instruct 
me  to  say  they  desire  to  bear  testimony  to  the  able  manner  in 
which  our  enrolling  secretary,  Mr.  J.  W.  Woodward,  has  dis- 
charged the  arduous  duties  of  his  office,  and  the  promptness 
with  which  those  duties  were  fulfilled.  The  intercourse  of  the 
committee  has  been  a  pleasant  one,  and  will  afford  a  pleasing 
remembrance  to  those  concerned. 

All  of  which  is  respectfully  submitted. 

M. SHELBY  KENNARD, 

Chairman  pro  itin. 

Which  report  was  received. 

Mr.  Johnson  offered  the  following 

RESOLUTION: 

Resolved,  That  the  thanks  of  this  convention  are  due  and 
tendered  to  E.  C.  Boudinot,  secretary  of  this  convention,  John 


THE    CONVENTION.  473 

P.  Jones,  assistant  secretary,  and  J.  W.  Woodward,  enrolling 
secretary,  for  the  prompt,  courteous  and  able  manner  in  which 
they  have  discharged  their  duties. 

Which  was  adopted. 

On    motion  of  Mr.   Stillwell,  the  thanks  of  the  convention 

were  also  tendered  to  Wm.  Hammond,  for  the  efficient  manner 

in  which  he  discharged  the  duties  of  door-keeper. 

On    motion    of    JMr.    Yell,   the    convention    adjourned  until 

Monday  morning  8  o'clock. 

GEO.  C.  WATKINS, 

Prcxidenl. 


Monday,  June  Sd,  ISGl. 
Convention  met  pursuant  to  adjournment 
The  jcmrnal  of  Saturday  was  read,  approved  and  signed. 
There  being  no  quorum  present,  on  motion  of  Mr.  Stillwell, 
the  convention  adjourned,  subject  to  be  reconvened  at  the  call 
of  the   president,  military  board,  or  governor,  in   accordance 
with  the  resolution  of  Mr.  Cryer  passed  Saturda3\ 

GEO.  C.  WATKINS, 

P'-rsidcnt. 


474  JOURNAL    OF 


Wednesday,  June  5,  1861. 
In  accordance  with  a  resolution  adopted  by  the  convention 
ot  the  State  of  Arkansas,  on  the  1st  day  of  June,  A.  D.  1861, 
the  chief  justice  of  the  supreme  court,  and  the  secretary  of  said 
convention,  on  this  day  examined  and  compared  the  original 
copy  of  the  constitution  of  the  State  of  Arkansas  with  the 
enrolled  copy  thereof,  attached  the  sheet  containing  the  signa- 
tures of  the  delegates,  and  appended  thereto  the  following  cer- 
tificate: 
STATE  OF  ARKANSAS,  )>Sct. 

By  virtue  of  a  resolution  of  the  State  Convention  of  Arkan- 
sas, we,  Elbert  H.  English,  chief  justice  of  the  supreme  court 
of  the  State  of  Arkansas,  and  Elias  C.  Boudinot,  secretary  of 
the  convention  of  the  State  of  Arkansas,  have  carefully  com- 
pared the  foregoing  eight  pages  of  the  enrollment  of  the  con- 
stitution of  the  State  of  Arkansas  with  the  original  copy  of  the 
same,  as  it  passed  and  was  adopted  by  said  convention,  and  as 
directed  by  the  resolution  aforesaid,  adopted  by  said  conven- 
tion-, and  having  found  the  same  correctly  enrolled,  do  so  certify 
and  have  attached  these  signatures  thereto. 

Given  under  our  hands  this  5th  day  of  .Tune,  A.  D.  18GI. 

E.  H.  ENGLISH, 
E.  C.  BOUDINOT. 


Little  Rock,  August  2Sth,\i.  D.  ISGl. 

I  hereby  certify  that  the  foregoing  is  a  true  copy  of  the  jour- 
nals of  the  convention  of  the  State  of  Arkansas,  which  assem- 
bled at  the  capital,  on  Monday,  JMarch  4th,  18G1,  adjourned  on 
the  '21st  day  of  JMarch,  A.  D.  18G1,  and  was  reconvened  by 
proclamation  of  the  president,  on  Monday,  May  6th,  A.  D. 
18G1. 

E.  C.  BOUDINOT, 

Secretary  of  Conveimfion. 


' 


^T^PE]^DIX. 


No.  1. 

STATE  OF  ARKANSAS,  ^ 

Executive  Dei'artment,  > 

Little  Rock,  Jan.  28,  ISGl.  ) 

Captain  Totten: 

Sir — The  public  exigencies  require  me  to  make  known 
to  you,  that  the  United  States  arsenal  at  this  place  will  be  per- 
mitted to  remain  in  the  possession  of  federal  oflicers,  until  the 
state,  by  authority  of  the  people,  shall  have  determined  to  sever 
their  connection  with  the  general  government,  unless,  however, 
it  should  be  thought  proper  to  order  additional  forces  to  this 
point. 

Or,  on  the  other  hand,  an  attempt  should  be  made  to  remove 
or  destroy  the  munitions  of  war  deposited  in  said  arsenal. 

Any  assurance  that  you  may  be  able  to  give,  touching  the 
observance  of  these  two  latter  conditions,  will  greatly  tend  to 
quiet  the  public  mind,  and  prevent  a  collision  between  the 
sovereign  people  of  Arkansas  and  the  government  troops  now 
stationed  at  this  point. 

Respectfully, 

HENRY  M.  RECTOR, 
,  Commander-in-chief  Arkansas  Militia. 


478  APPENDIX. 


No.  2. 

Head  Quarters,  Little  Rock  Arsenal,  ) 

Little  Rock,  Arkansas,  \ 

January  29th,  1861.) 

Sir:  1  have  to  acknowledge  the  receipt  of  your  communica- 
tion of  the  28th  instant,  which  was  handed  to  me  this  morning 
by  your  aid-de-camp,  J.  .T.  Gaines,  esq.,  and,  in  answer  thereto, 
to  say  to  your  excellency,  that  my  understandin'g  leads  me  to 
believe  that  the  troops  under  my  command  were  ordered  here 
at  the  request  of  some  of  the  members  of  Congress  from  this 
state,  and  several  good  citizens  also, — lor  what  reason,  if  any, 
I  have  not  heen  apprised. 

As  you  will  readily  understand,  I  cannot  give  your  excellency 
any  assurances  as  to  what  instructions  may,  in  future,  be  issued 
regarding  this  arsenal,  and  the  federal  troops  now  stationed 
here;  but  I  can  assure  you  that,  so  far  as  I  am  informed,  no 
orders,  such  as  you  refer  to,  in  your  two  propositions,  have 
been  issued,  nor  do  I  believe,  privately  and  unofficially,  that 
an}'  such  orders  will  be  given  by  the  federal  government. 

1  have,  furthermore,  to  remind  your  excellency  that,  as  an 
officer  of  the  army  of  the  United  States,  my  allegiance  is  due 
to  that  government  in  whose  service  I  am,  and  that  I  act  by  its 
authority  and  permission,  and,  until  absolved  from  that  allegi- 
ance, my  honor  is  concerned  in  the  faithful  performance  of 
what  I  may  conceive  to  be  my  duty. 

I  shall  forward  your  communication  to  the  secretary  of  war, 
to  be  laid  before  the  president  of  the  United  States,  and  ask 
instructions  relative  to  the  matters  contained  in  it,  and  if  not 
prohibited  by  these  authorities,  I  will  cheerfully  inform  your 
excellency  what  these  instructions  are. 

In  the  meantime,  let  me  say,  in  conclusion,  that  I  most  cor- 
dially concur  with  your  excellency  in  the  desire  to  avoid  colli- 
sion between  the  federal  troops  under  my  command,  and  the 
citizens  of  Arkansas,  and  shall  do  every  thing  in  my  power, 
which  an  honorable  man  in  my  position  can;  or  dare  do,  to 
prevent  so  deplorable  an  event. 

I  am,  respectfully, 

JAS.  TOTTEN,  2d  Artl  'y 
U.  S.  Army,  commanding  Litth  Rock  Arsenal, 

To  his  excellency,  Henry  M.  Rector, 

Governor  of  Arkansas,  and 

Commander-in-chief  A.  M, 


APPENDIX.  479 


No.  3. 

Executive  Office,  Little  Rock,  Ark..         ) 
6th  February,  1861.  ) 

Capt.  ToTTEN,   Commanding 

U.    S.  Arsenal,  Little  Rock,  Arkansas: 

Sir — There  is  now  in  this  city  a  considerable  number  of 
the  citizens  of  this  state,  who  have  come  here  under  arms,  with 
the  avowed  purpose  of  taking  possession  of  the  U.  S.  arsenal, 
lleliable  information  has  been  received  that  a  large  force  of 
citizens  are  on  the  march  to  this  place  for  the  same  purpose. 
This  movement  is  prompted  by  the  feeling  that  pervades  the 
citizens  of  this  state,  that,  in  the  present  emergency,  the  arms 
and  munitions  of  war  in  the  arsenal  should  be  under  the  con- 
trol of  the  state  authorities,  in  order  to  their  security.  This 
movement,  although  hot  authorized  by  me,  has  assumed  such 
an  aspect  that  it  becomes  my  duty,  as  the  executive  of  this 
state,  to  interpose  my  ofhcial  authority  to  prevent  a  collision 
between  the  people  of  the  state  and  the  federal  troops  under 
your  command. 

I,  therefore,  demand,  in  the  name  of  the  state,  the  delivery 
of  the  possession  of  the  arsenal  and  munitions  of  war  under 
your  charge,  to  the  state  authorities,  to  be  held  until  the  4th  of 
IMarch  next.  This  course  is  the  only  one  which  can  possibly 
prevent  the  eflusion  f  f  blood  and  the  destruction  of  the  pro- 
pert}^  of  the 'citizens  and  of  the  government.  1  beg  leave  to 
assure  you  that  the  step  which  the  citizens  have  seen  fit  to  take, 
is  not  prompted  by  any  personal  distrust  of  yon,  but  the  jeal- 
ousy which  naturally  exists  towards  the  authority  of  the  United 
States,  under  the  present  unhappy  condition  of  the  country. 

This  communication  will  be  handed  to  you  by  T.  D.  JMerrick, 
major-general  of  1st  division  of  the  Arkansas  militia,  who  will 
call  on  you  personally,  accompanied  by  his  staff,  and  who  will 
rece've  from  you  your  response. 

Respectfully,  your  ob't  serv't, 

[Signed.]  HENRY  M-  RECTOR, 

Governor  of  Arkansas. 


48Q  APPENDIX. 


^  No.  4. 

Little  Rock  Arsenal,  Little  Rock,  Ark.,         ) 

February  6th,   1861. j 

To  his  excellency,  Henry  M.  Rector, 

Governor   of  Arkansas: 

Sir — In  the  present  trying  circumstances  by  W/hich  the  under- 
signed finds  himself  surrounded,  as  a  federal  officer,  he  is  anx- 
ious to  learn,  officially,  from  your  excellency,  before  answering 
3'our  demand  for  the  surrender  of  the  United  States  arsenal  at 
this  place,  the  following  important  points,  viz: 

1st.  If  the  arsenal  and  all  the  munitions  of  war  stored  therein 
are  left  intact,  as  at  the  hour  of  3  o'clock,  p.  m.,  to-morrow,  by 
the  United  States  forces,  now  in  charge  of  them,  will  the  gover- 
nor of  the  State  of  Arkansas  ofiicially  take  charge  of  said 
arsenal  and  munitions  of  war,  in  the  name  of  the  United  States 
government,  and  hold  them  in  that  light,  until  future  circum- 
stances shall  legally  absolve  him  from  the  responsibility? 

2d.  If  the  United  States  forces  now  garrisoning  Little  Rock 
arsenal,  evacuate  said  post  and  leave  the  munitions  of  v/ar 
intact  as  at  the  hour  of  3  o'clock,  p.  m.,  to-morrow,  will  the 
governor  of  the  State  of  Arkansas  officially  guarantee  to  said 
forces  an  unmolested  passage  through  the  state,  in  any  direction 
the  officer  commanding  said  troops  may  elect,  and  guarantee, 
moreover,  to  said  forces  the  right  of  carrying  wit];i  them  all  the 
public  and  private  property  they  brought  with  them  to  said 
arsenal,  all  which  has  been  purchased  for  or  by  them,  and  all 
which  has  been  sent  to  them  since  stationed  at  said  arsenal, 
consisting  of  ordnance  and  ordnance  stores,  clothing,  camp 
and  garrison  equippage,  and  barrack  and  mess  furniture,  as 
also  provisions  and  all  their  individual  or  private  property. 

3d.  If  the  arsenal  and  munitions  of  war  stored  therein  are 
left  intact,  as  at  the  hour  of  3  o'clock  p.  m.,  to-morrow,  will 
the  governor  of  x\rkansas,  in  his  official  capacity,  guarantee  to 
the  United  States  forces,  now  in  charge  thereof  the  right  of 
marching  away  from  said  place  with  all  the  honor  due  to  them 
as  federal  officers  and  soldiers,  who  do  not  surrender  their  trust, 
but  simply  evacuate  a  post  for  want  of  instructions  from  thefr 
superiors  in  office,  and  in  doubt  as  to  the  propriety  of  bringing 
on  civil  war  among  their  fellow-countrymen? 

Explicit  and  detailed  answers  to  each  and  every  one  of  these 
questions  will  have  great  influence  upon  the  undersigned  in  his 
answer  to  the  communication  of  the  governor  of  Arkansas, 
whipjj  is  promised  by  3  o'clock,  p.  ra.,  to-morrow. 

I  am,  very  respectfully, 

JAS.  TOTTEN, 

Ca]pt.   2d  Artillery,  commanding  post. 


APPENDIX.  481 


No.  5. 

Executive  Office,  Ijiilh  Rock,  Ark., 

February  7th,  1861. 

To  Capt.  James  Totten,  in  cliariyc  of 

v.   S.  Arseiiai,  Lille  Bock,  Ai-k: 

Sir — Your  communication  of  the  6th  inst..  (yesterday)  pro- 
pounding to  myself  certain  propositions,  explicit  and  detailed 
answers  to  which  v/ould  have  great  influence  upon  you  in  your 
answer  promised  the  governor  of  Arkansas  by  o  p.  m.,  to-day, 
was  received  at  about  11  o'clock,  this  morning. 

After  mature  reflection,  I  propose  to  accept  your  first,  second 
and  third  propositions,  with  the  following  understanding:  That, 
being  informed  your  command  brought  no  cannon  with  you — 
so  none  are  to  be  taken  away — you  shall  have  a  safe  passage 
out  of  the  state,  in  any  direction  you  may  please,  with  your 
command;  Provided,  hoirevcr,  5'ou  do  not  station  j'oursclf  with- 
in the  limits  of  the  State  of  Arkansas,  or  on  the  borders  thereof. 
Whatever  your  command,  either  of  public  or  private  property, 
brought  with  them,  you  will  be  permitted  to  take  away. 

I  have  the  honor  to  be, 

very  respectfully, 
[Signed.]  '     H.  M.  RECTOR. 


Little  Rock  Arsenal,  Little  Rock,  Ark.,         ) 
February  7th,  1861.  \ 

To  his  excellency,  H.  M.  Rector, 

Governor  of  Arkansas: 

Sir — Being  entirely  without  instructions  to  meet  the  grave 
responsibilities  so  suddenly  thrust  upon  me,  and  the  solemn  cir- 
cumstances by  which  my  command  is  now  surrounded,  and 
believing  that  the  administration  of  the  Federal  Union  Avould 
deprecate  and  condem  any  act  of  mine,  which  might  bring  on 
collision  and  blood-shed  between  the  Ignited  States  troops, 
under  my  command,  and  the  citizens  of  the  State  of  Arkansas, 
and,  furthermore,  believing  that  civil  war  would  immediately, 

31 


482  APPENDIX. 


and  i-nevitably,  result  throughout  the  country,  from  the  effusion 
of  blood  at  this  point,  or  elsewhere  in  the  United  States,  con- 
nected with  the  political  topics  of  the  day — I  regret  the  neces- 
sity which  forces  me  to  retire  from  this  arsenal  with  m\^  com- 
mand. It  is,  however,  without  the  sanction  of  the  United 
States  government  that  I  do  this,  and  entirely  results  from  my  ■ 
judgment  and  discretion,  under  existing  circumstances,  and  for 
the  reason  above  stated. 

I  have  to  acknowledge  ihe  recept  of  your  excellency's  com- 
munication of  this  date,  and  the  lateness  of  the  hour  makes  it 
necessary  that  this  response  be  brief. 

It  is,  however,  understood  that,  in  consideration  of  your 
excellency's  guarantee,  that  the  conditions  demanded  in  my 
communication  of  yesterday,  shall  be  complied  with,  certain 
amendments  referred  to  in  your  letter  of  this  date  excepted. 
I  shall  retire  from  the  arsenal  on  or  before  12  o'clock,  to- 
morrow, m. 

Your  excellency  will  please  cause  to  be  prepared,  or  permit 
me  to  to  do  so,  the  final  papers  embodying  the  conditions  upon 
which  I  retire  from  this  arsenal,  as  already  understood  between 
us.  which  is  necessary  for  my  protection  with  the  federal  gov- 
ernment. 

I  am,  very  respectfully, 

JAS.  TOTTEN, 


Copt.  2d  ArtillcrTj  comjnandivg  -post. 


No.  7. 


Executive  Office,  Lilllc    Rock,  Ark.,         ^ 
7th  February,   1861.  S 

Capt.  Jaivies  Totten,   Commanding 

United  States  Arsenal,  Little  Rock: 

SiR^-I  am  in  receipt  of  your  communication  of  this  instant, 
and  announce  that  on  to-morrow,  at  11  o'clock,  a.  m.,  the  exe- 
cutive, by  conference  with  yourself,  will  prepare  the  stipula- 
tions agreed  to,  touching  the  United  States  arsenal  under  your 
command. 

And,  at  12  o'clock,  he  will  receive  from  you  that  post,  with 


APPENDIX.  483 


the  privilege,  on  your  part,  to  remove  any  articles  belonging  to 
your  command,  at  such  time  as  you  may  find  convenient. 
Respectfully, 

HENRY  M.  RECTOR, 

Governor  of  Arkansas. 


No.  8. 

resolutions  of  little  rock  council. 

Council  Chamber,  \ 

Little  Rock,  Arkansas,  C 

Feb.,  18G1,  at  3  o'clock,  pi  m.) 
Resolved,  As  the  sense  of  this  council,  that  if  there  be  any 
impending  danger,  or  necessity,  which  requires  the  seizure  of 
the  United  States  arsenal  at  this  place,  that  in  such  case  it 
would  become  the  duty  of  the  governor,  as  the  executive  head 
of  this  state,  to  order  such  seizure  to  be  made,  by  the  organized 
military  power  of  the  state;  but,  that  any  unauthorized  attempt 
to  seize  the  arsenal  by  persons,  without  orders  from  the  gover- 
nor, is  an  insult  to  his  station  and  authority,  and  deserves  the 
reprehension  of  all  our  people,  and  is  calculated  to  injure  the 
cause  of  state  rights;  and  we  earnestly  recommend  the  gover- 
nor to  interpose  his  authority  to  check  any  such  movement,  if 
unauthojjized  by  him. 

Rcsoli'ca,  That  a  copy  of  this  resolution  be  immediately  com- 
municated to  the  governor,  and  a  committee  composed  of  the 
whole  council,  be  appointed  for  that  purpose;  and  that  a  com- 
mittee of  the  whole  council  communicate  with  the  leaders  of 
this  movvment. 

Adopted  in  Council,  5th  February,  1S61. 

C.  P.  BERTRAND, 

Mayor  pro  tern. 
A.  J.  SMITH, 

City  Recorder. 


484  APPENDIX. 


No.  9. 

citizens'  meeting  of  little  rock. 

Whereas,  Many  good  citizens  of  this  state  have  come  to 
Little  Rock,  in  obedience  to  Avhat  they  supposed  to  be  the 
orders  of  the  governor,  to  assist  in  taking  the  United  States 
arsenal  at  this  place;  And  whereas,  The  governor  disavows  such 
orders  as  being  without  his  authority  or  sanction;  therefore 

Resolved,  As  the  opinion  of  this  meeting,  that  it  is  the  duty 
of  the  governor  to  assume  the  responsibility  of  this  movement, 
or  to  interpose  his  authority  and  influence  to  prevent  it. 

Resolved  further,  That  in  case  there  be,  in  the  opinion  of  the 
governor,  any  danger  or  necessity  for  seizing  the  arsenal,  we 
earnestly  recommend  him,  as  the  only  way  to  prevent  the  effu- 
sion of  blood,  to  order  the  same  to  be  done,  in  his  official  capa- 
city, and  in  the  name  and  by  authority  of  the  state,  and  to  that 
end  that  he  make  an  ofHcial  demand  upon  the  officer  in  charge 
of  the  arsenal,  to  surrender  the  same  to  the  state  authorities. 

Resolved  further,  That  in  our  opinion,  the  governor,  as  the 
executive  head  of  the  state,  may  rely  upon  the  sympathy  and 
co-operation  of  all  good  citizens,  in  what  he  may  do  by  autho- 
rity of  the  state  and  her  organized  military  power. 

On  motion  of  Mr.  Samuel  W.  Williams,  the  foregoing  reso- 
lutions were  unanimously  adopted,  and  the  chairman  requested 
to  appoint  a  committee  of  seven  to  wait  upon  the  governor 
and  communicate  the  same  to  him.  Messrs.  Geo.  C.  Watkins, 
W.  B.  Wait,  C.  P.  Bertrand,  A.  J.  Hutt,  W.  E.  Woodruff,  John 
Collins,  and  Dr.  W.  W.  Adams,  were  appointed. as  such  com- 
mitte. 

RICH'D.  H.  JOHNSON, 

Chairman. 

J.  D.  Kimbell,  Scc^y. 


APPENDIX.  485 


No.  10. 


STIPULATIONS    BETWEEN    GOV.    H.    M.    RECTOR    AND    CAPT.    TOTTEN. 

Little  Rock,  Arkansas,  I 

February  8th,  18G\.     \ 
MEMORANDU^I  tJiis  day  made  and  signed  hy  James    Totten, 
Captain  of  2d  Artillery  in  the  Army  of  the  United  States,  and 
Henry  M.  Rector,  Governor  of  the   State  of  Arkansas. 

The  paper  marked  A,  sigaed  by  us,  is  the  demand  made  by 
the  Governor,  upon  Captain  Totten,  for  the  delivery  of  the 
United  States  arsenal  at  this  place,  to  the  state  authorities. 
The  paper  marked  B.  signed  by  us,  is  a  copy  of  the  response  of 
Captain  Totten  to  that  communication.  The  paper  marked 
C,  signed  by  us,  is  the  response  of  the  governor  accepting,  as 
therein  stated,  the  terms  of  the  paper  B. 

It  is  further  witnessed,  that  on  this  day,  at  the  hour  of  12  M., 
said  Captain  Totten,  with  his  command,  doth  retire  from  said 
arsenal,  and  delivers  the  same,  with  all  its  stores,  arms,  and 
ammunitions  of  war,  intact,  to  the  governor  of  Arkansas,  pur- 
suant to  the  tenor  and  purport  of  said  papers,  A.  B  and  C,  Nos. 
1,  2  and  3. 

And  the  said  Capt.  James  Totten  protests  that  he  has  thus 
acted,  because  in  the  presence  of  a  greatly  superior  armed 
force,  and  which,  he  became  satisfied,  would  soon  become  over- 
whelming by  reinforcements  in  case  of  resistance,  involving 
the  sacrifice  of  his  command,  without  regard  to  the  probable 
loss  of  life  on  the  [)art  of  the  assailants. 

Because  any  defence  of  the  arsenal,  in  the  city  of  Little 
Rock,  whether  successful  or  unsuccessful  would  necessarily 
involve,  to  a  greater  or  less  extent,  the  destruction  of  property 
in  the  city,  and  the  loss  of  lives  of  the  peaceful  citizens  and 
families  dwelling  therein. 

Because,  being  without  instructions  from  his  government,  he 
took,  of  necessity,  the  responsibility  of  doing  what  he  thought 
proper  and  best  under  all  the  circumstances,  desiring  to  avoid 
cause  of  civil  war  in  this  government,  by  the  first  instance  of 
a  hostile  and  bloody  collision.  Yet  protesting  for  himself,  and 
in  the  name  of  his  government,  against  events  beyond  his  con- 
trol, and  which  have  actuated  him  to  this  course. 

Signed  in  duplicate. 

HENRY  M.  RECTOR, 

Governor  of  Arkansas. 
JAS.  TOTTEN,  Cap.  2d  ArCy, 

Com.  Little  Rock  Arsenal.. 


486  APPENDIX. 


Note. — The  following  papers  -were  presented  to  the  convention  by  the  commis- 
sioner from  South  Carolina,  and  referred  to  in  his  letter  to  the  President  of  the 
Arkansas  convention. 

• 

THE  STATE  OF  SOUTH  CAROLINA. 

At  a  Convention  of  the  people  of  the  State  of  South  Carolina, 
begun  and  holden  at  columbia,  on  the  seventeenth  day  of 
December,  in  the  year  of  our  Lord,  one  thousand  eight  hun- 
dred    AND     sixty,     and     THENCE     CONTINUED     BY     ADJOURNMENT     TO 

Charleston,  and  there   by  divers   adjournments  to  the  twen- 
tieth DAY  OF  December,  in  the  same  year. 

AN  ORDINANCE  to  dissolve  the  union  between  the  State  of 
South  Carolina  and  other  sta'es  united  ivith  her  under  the 
compact  entitled  "  The  Co7istitution  of  the  United  States  of 
America.'^ 

TVe,  the  people  of  the  State  of  South  Carolina,  in  Convention 
assembled,  do  declare  aud  ordain,  and  it  is  hereby  declared  and 
ordained.  That  the  ordinance  adopted  by  us  in  convention,  on 
the  twenty-third  day  of  May,  in  the  year  of  our  Lord,  one  thou- 
sand seven  hundred  and  eighty-eight,  whereby  the  Constitution 
of  the  United  States  of  America  was  ratified;  and,  also,  all 
acts  and  parts  of  acts  of  the  General  Assembly  of  this  state, 
ratifying  amendments  of  the  said  constitution,  are  hereby 
repealed;  and  that  the  uuion  now  subsisting  between  South 
Carolina  and  other  states,  under  the  name  of  "  The  United 
States  of  America,"  is  hereby  dissolved. 

Done  at  Charleston  the  twentieth  day  of  December,  in  the 
year  of  our  Load,  one  thousand  eight  hundred  and  sixty. 

[seal.]     Attest:  B.  F.  Arthur,  Clerk. 

D.  F.  JAMISON,  President. 


APPENDIX.  .  487 


DECLARATION  OF  TPIE  L\IMEDIATE  CAUSES  WHICH 
INDUCE  AND  JUSTIFY  THE  SECESSION  OF  SOUTH 
CAROLINA  FROM  THE  FEDERAL  UNION. 


The  people  of  the  State  of  South  Carolina,  in  convention 
assembled,  on  the  26th  day  of  April,  A.  D.  1852,  declared  that 
the  frequent  violations  of  the  constitution  of  the  United  States, 
by  the  federal  government,  and  its  encroachments  upon  the 
reserved  rights  of  the  states,  fully  justified  this  state  in  then 
withdrawing  from  the  Federal  Union;  but  in  deference  to  the 
opinions  and  wishes  of  the  other  slaveholding  states,  she  for- 
bore at  that  time  to  exercise  this  right.  Since  that  time,  these 
giWroachments  have  continued  to  increase,  and  further  forbear- 
ance ceases  to  be  a  virtne. 

And  now  the  State  of  South  Carolina  having  resumed  her 
separate  and  equal  place  among  nations,  deems  it  due  to  her- 
self, to  the  remaining  United  States  of  America,  and  to  the 
nations  of  the  world,  that  she  should  declare  the  immediate 
causes  which  have  led  to  this  act. 

In  the. year, "1705,  that  portion  of  the  British  Empire  embrac- 
ing Great  Britain,  undertook  to  make  laws  for  the  government 
of  that  portion  composed  of  the  thirteen  American  colonies. 
A  struggle  for  the  right  of  self-government  ensued,  which 
resulted  on  the  4th  July,  177G,  in  a  declaration  by  the  colonics, 
"  that  they  are,  and  of  right  ought  to  be,  FREE  AND  INDE- 
PENDENT STATES;  and  that  as  free  and  independent  states, 
thty  have  full  power  to  levy  war,  conclude  peace,  contract 
alliances,  establish  commerce,  and  to  do  all  other  acts  and 
things  which  independent  states  may  of  right  do." 

They  further  solemnly  declared  that  whenever  any  "  form  of 
government  becomes  destructive  of  the  ends  for  which  it  was 
established,  it  is  the  right  of  the  people  to  alter  or  abolish  it, 
and  to  institute  a  new  government."  Deeming  the  govern- 
ment of  Great  Britain  to  have  become  destructive  of  these 
ends,  they  declared  that  the  colonies  "  are  absolved  from  all 
allegiance  to  the  British  crown,  and  that  all  political  connec- 
tion between  them  and  the  State  of  Great  Britain  is,  and  ought 
to  be  totally  dissolved." 

In  pursuance  of  this  Declaration  of  Independence,  each  of  the 
thirteen  states  proceeded  to  exercise  its  separate  sovereignty; 


488  •  APPENDIX. 


adopted  for  itself  a  constitution,  and  appointed  officers  for  the 
administration  of  government  in  all  its  departments — legisla- 
tive, executive  and  judicial.  For  purposes  of  defence,  they 
united  their  arms  and  their  counsels;  and  in  1778  they  entered 
into  a  leag^ue  known  as  the  articles  of  confederation,  whereby 
they  agreed  to  entrust  the  administration  of  their  external  rela- 
tions to  a  common  agent,  known  as  the  Congress  of  the  United 
States,  expressly  declaring  in  the  first  article,  "  that  each 
"  state  retains  its  sovereignty,  freedom  and  independence,  and 
"  every  power,  jurisdiction  and  right  which  is  not,  by  this  con- 
"  federation,  expressl}^  delegated  to  the  United  States  in  Con- 
"  gress  assembled." 

Under  this  confederation  the  war  of  the  revolution  was  car- 
ried on,  and  on  the  3d  September,  1783,  the  contest  ended,  and 
a  definitive  treaty  was  signed  by  Great  Britai-n,  in  which  she 
acknowledged  the  independence  of  the  colonies  in  the  follow- 
ing terms. 

"  Article  I. — His  Britanic  Majesty  acknowledges  the  said 
"  United  States,  viz:  New  Hampshire,  Massachusetts  Baj', 
"  Rhode  Island  and  Providence  Plantations,  Connecticut,  New 
"  York,  New  Jersey,  Pennsylvania,  Delaware,  Maryland,  Vir- 
"ginia,  North  Carolina,  South  Carolina  and  Georgia,  to  be 
"FREE,  SOVEREIGN  AND  INDEPENDENT  STATES;  that 
"  he  treats  with  them  as  such;  and  for  himself,  his  heirs  and 
"  successors,  relinquishes  all  claims  to  the  government,  propriety 
"  and  territorial  rights  of  the  same  and  every  part  thereof." 

Thus  were  established  the  two  great  principles  asserted  by 
the  colonies,  namely:  the  right  of  a  state  to  govern  itself;  and 
the  right  of  a  people  to  abolish  a  government  when  it  becomes 
destructive  of  the  ends  for  which  it  was  instituted.  And  con- 
current v>^ith  the  establishment  of  these  principles,  was  the  fact 
that  each  colon v  became,  and  was  recognized  by  the  mother 
countrv  as  a  FREE,  SOVEREIGN  AND  INDEPENDENT 
STATE. 

In  1787,  deputies  were  appointed  by  the  states  to  revise  the 
articles  of  confederation,  and  on  17th  December,  1787,  these 
deputies  recommended,  for  the  adoption  of  the  states,  the  arti- 
cles of  union;  known  as  the  constitution  of  the  United  States. 

The  parties  to  whom  this  constitution  was  submitted,  were 
the  several  sovereign  states;  they  were  to  agree  or  disagree,  and 
when  nine  of  them  agreed,  the  compact  was  to  take  effect 
among  those  concurring;  and  the  general  government,  as  the 
common  agent,  was  then  to  be  invested  with  their  authority. 

If  only  nine  of  the  thirteen  states  had  concurred,  the  other 
four  would  have  remained  as  they  then  were — separate,  sove- 
reign states,  independent  of  an}^  of  the  provisions  of  the  con- 
stitution. In  fact,  two  of  the  states  did  not  accede  to  the  con- 
stitution until  long  after  it  had  gone  into  operation  among  the 


APPENDIX.  489 


other  eleven;  and  during  that  interval,  they  each  exerciised  the 
lunctions  of  an  independent  nation. 

By  this  constitution,  certain  duties  were  imposed  upon  the 
several  states,  and  the  exercise  of  certain  of  their  powers  was 
restrained,  which  necessarily  implied  their  continued  existence 
as  sovereign  states.  But  to  remove  all  d(>ul)t,  an  amendment 
was  added,  which  declared  that  the  powers  not  delegated  to 
the  United  States  by  the  constitution,  nor  prohibited  by  it  to 
the  states,  are  reserved  to  the  states,  respectively,  or  to  the 
people.  On  23d  May,  1788,  South  Carolina,  b\"  a  convention 
of  her  people,  passed  an  ordinance  assenting  to  this  constitu- 
tion, and  afterwards  altered  her  own  constitution.,  to  conform 
herself  to  the  obligations  she  had  undertaken. 

Thus  was  established,  by  compact  between  the  states,  a 
government,  with  defined  objects  and  powers,  limited  to  the 
express  words  of  the  grant.  This  limitation  left  the  whole 
remaining  mass  of  power  subject  to  the  clause  reserving  it  to 
the  states  or  to  the  people,  and  rendered  unnecessary  any  spe- 
cification of  reserved  rights. 

We  hold  that  the  government  thus  established  is  subject  to 
the  two  great  principles  asserted  in  the  Declaration  of  Inde- 
pendence; and  we  hold  further,  that  the  mode  of  its  formation 
subjects  it  to  a  third  fundamental  principle,  namely:  the  law  of 
compact.  We  maintain  that  in  every  compact  between  two 
or  more  parties,  the  obligation  is  mutual;  that  the  failure  of 
one  of  the  contracting  parties  to  peribrm  a  material  part  of  the 
agreement,  entirely  releases  the  obligation  of  the  other;  and 
that  where  no  arbiter  is  provided,  each  party  is  remitted  to  his 
own  judgment  to  determine  the  fact  of  failure,  with  all  its  con- 
sequences. 

In  the  present  case,  the  fact  is  established  with  certainty. 
We  assert  that  fourteen  of  the  states  have  deliberately  refused 
f6r  years  past,  to  fulfil  their  constitutional  obligations,  and  we 
refer  to  their  own   statutes  for  the  proof. 

The  constitution  of  the  United  .States,  in  its  4th  article,  pro- 
vides as  follows: 

"  No  person  held  to  service  or  labor,  in  one  state,  under  the 
"  laws  thereof,  escaping  into  another,  shall,  in  consequence  of 
"  any  law  or  i-egulation  therein,  be  discharged  from  such  ser- 
"  vice  or  labor,  but  shall  be  delivered  up  on  claim  of  the  party 
"  to  whom  such  service  or  labor  may  be  due." 

This  stipulation  was  so  material  to  the  compact,  that  without 
it  that  compact  would  not  have  been  made.  The  greater  num- 
ber of  the  contracting  parties  hehl  slaves,  aad  they  had  previ- 
ously evinced  their  estimate  of  the  value  of  such  a  stipulation 
by  making  it  a  condition  in  the  ordinance  for  the  government 
of  the  territory  ceded  by  Virginia,  which  now  composes  the 
states  north  of  the  Ohio  river. 


490  APPENDIX. 


The  same  article  of  the  constitution  stipulates  also  for  rendi- 
tion, by  the  several  states,  of  fugitives  from  justice  from  the 
other  states. 

The  general  government,  as  the  common 'agent,  passed  laws 
to  carry  into  efl'ect  these  stipulations  of  the  states.  For  many 
years  these  laws  were  executed.  But  an  increasing  hostility 
on  the  part  of  the  non-slaveholding  states  to  the  institution  of 
slavery  has  led  to  a  disregard  of  their  obligations,  and  the  laws 
of  the  general  government  have  ceased  to  effect  the  objects  of 
the  constitution.  The  States  of  Maine,  New  Hampshire,  Ver- 
mont, Massachusetts,  Connecticut,  Rhode  Island,  New  York, 
Pennsylvania,  Illinois,  Indiana,  Michigan,  Wisconsin  and  Iowa, 
have  enacted  laws  which  either  nullify  the  acts  of  Congress  or 
render  useless  any  attempt  to  execute  them.  In  many  of  these 
states  the  fugitive  is  discharged  from  the  service  or  labor  claimed, 
and' in  none  of  them  has  the  state  government  complied  with 
the  stipulation  made  in  the  constitution.  The  State  of  New 
Jersey,  at  an  early  day,  passed  a  law  in  conformity  with  her 
constitutional  obligation;  but  the  current  of  anti-slavery  feeling 
has  led  her  more  recently  to  enact  laws  which  render  inopera- 
tive the  remedies  provided  by  her  own  law  and  by  the  laws  of 
(/ongress.  In  the  State  of  New  York  even  the  right  of  transit 
for  a  slave  has  been  denied  by  her  tribunals;  and  the  States  of 
Ohio  and  Iowa  have  refused  to  surrender  to  justice  fugitives 
charged  with  murder,  and  with  inciting  servile  insurrection  in 
the  State  of  A^irginia.  Thus  the  constitutional  compact  has 
been  deliberately  broken  and  disregarded  by  the  non-slavehold- 
ing states,  and  the  consequence  follows  that  South  Carolina  is 
released  from  her  obligation. 

The  ends  for  which  this  constitution  was  framed  are  declared 
by  itself  to  be  "  to  form  a  more  perfect  union,  establish  justice, 
"  insure  domestic  tranquility,  provide  for  the  common  defence, 
"  promote  the  general  welfare,  and  secure  the  blessings  of  lib- 
"  erty  to  ourselves  and  our  posterity. 

These  ends  it  endeavored  to  accomplish  by  a  federal  govern- 
ment, in  which  each  state  was  recognized  as  an  equal,  and  had 
separate  control  over  it  own  institutions.  The  right  of  pro- 
perty in  slaves  was  recognized  by  giving  to  free  persons  distinct 
political  rights,  by  giving  them  the  right  to  represent,  and  bur- 
thening  them  with  direct  taxes  for  three-fifths  of  their  slaves; 
by  authorizing  the  importation  of  slaves  for  tvvent}''  years,  and 
by  stipulating  for  the  rendition  of  fugitives  from  labor. 

We  aflirra  that  these  ends,  for  which  this  government  was 
instituted,  have  been  defeated,  and  the  government  itself  has 
been  made  destructive  of  them  by  the  action  of  the  non-slave- 
holding  states.  Those  states  have  assumed  the  right  of  decid- 
ing upon  the  propriety  of  our  domestic  institutions;  and  have 
denied  the  rights  of  property  established  in  fifteen  of  the  states 


APPENDIX.  491 


and  recognized  by  the  constitution;  they  have  denounced  as 
sinful  the  institution  of  slavery;  they  have  permitted  the  open 
establidiment  among  them  of  societies,  whose  avowed  object 
is  to  disturb  the  peace  and  to  eloign  the  property  of  the  citizens 
of  other  states.  They  have  encourged  and  assisted  thousands 
of  our  slaves  to  leave  their  homes,  and  those  who  remain  have 
been  incited  by  emissaries,  books  and  pictures  to  servile  insur- 
rection. 

For  tvtrenty-five  years  this  agitation  has  been  steadily  in- 
creasing, until  it  has  now  secured  to  its  aid  the  power  of  the 
common  government.  Observing  the  forms  of  the  con^^titution, 
a  sectional  party  has  found  witliin  that  article  establishing  the 
executive  department,  the  means  of  subverting  the  constitution 
itself.  A  geographical  line  has  been  drawn  across  the  Union, 
and  all  the  states  north  of  that  line  have  united  in  the  election 
of  a  man  to  the  high  ofTice  of  President  of  the  United  States, 
whose  opinions  and  purposes  are  hostile  to  slaverj'.  He  is  to 
be  entrusted  with  the  administration  of  the  common  govern- 
ment, because  he  has  declared  that  that  "  government  cannot 
endure  permanentl}';  half  slave,  half  free,"  and  that  the  public 
mind  must  rest  in  the  belief  that  slavery  is  in  the  course  of 
ultimate  extinction. 

This  sectional  combination  for  the  subversion  of  the  consti- 
tution, has  been  aided  in  some  of  the  states  by  elevating  to  citi- 
zenship, persons,  who,  by  the  supreme  law  of  the  land,  are 
incapable  of  becoming  citizens;  and  their  votes  have  been  used 
to  inaugurate  a  new  policy,  hostile  to  the  South,  and  destruc- 
tive of  its  peaoe  and  safety. 

On  the  4lh  March  next  this  party  will  take  possession  of  the 
government.  It  has  announced  that  the  South  shall  be  exclud- 
ed from  the  common  territory;  that  the  judicial  tribunals  shall 
be  made  sectional,  and  that  a  war  must  be  waged  against  sla- 
very until  it  shall  cease  throughout  the  United  Staites. 

The  guaranties  of  the  constitution  will  then  no  longer  exist; 
the  equal  rights  of  the  states  will  be  lost.  The  slaveholding 
states  will  no  longer  have  the  power  of  self  government,  or 
self-protection,  and  the  federal  government  will  have  become 
their  enemy. 

Sectional  interest  and  animosity  will  deepen  the  irritation, 
and  all  hope  of  remedy  is  rendered  vain,  by  the  fact  that  pub- 
lic opinion  at  the  North  has  invested  a  great  political  error  with 
the  sanctions  of  a  more  erroneous  religious  belief. 

We,  therefore,  the  people  of  Soth  Carolina,  by  our  delegates, 
in  convention  assembled,  appealing  to  the  Supreme  .Tudge  of 
the  world  for  the  rectitude  of  our  intentions,  have  solemnly 
declared  that  the  union  heretofore  existing  between  this  state 
and  the  other  states  of  North  America,  is  dissolved,  and  that 
the  State  of  South   Carolina  has  resumed  her  position  among 


492  APPENDIX. 


the  nations  of  the  world,  as  a  separate  and  independent  state, 
with  fall  power  to  levy  war,  conclude  peace,  contract  alliances, 
establish  commerce,  and  do  all  other  acts  and  things  which 
independent  states  may  of  right  do. 


AN  ORDINANCE 

To  DISSOLVE  THE  UNION  BETWEEN  THE    StATE  OF  SoCJTH   CAROLINA   AND 
OTHER  STATES  UNITED  WITH  HER  UNDER  THE  COMPACT  ENTITLED   "  ThE 

Constitution  of  the  United  States  of  America." 

We,  the  pcoph  of  the  State  of  South  Carolina,  in  convention 
assembled,  do  declare  and  ordain,  and  it  is  tiereby  declared  and 
ordained,  Thnt  the  ordinance  adopted  by  us  in  convention,  on 
the  twenty-third  day  of  May,  in  the  year  of  our  lord  one  thou- 
sand, seven  hundred  and  eighty  eight,  whereby  the  constitution 
of  the  United  States  of  America  was  ratified,  and  also,  all  acts 
and  parts  of  acts  of  the  General  Assembly  of  this  state,  ratify- 
ing amendments  of  the  said  constitution,  are  hereby  repealed; 
and  that  the  union  now  subsisting  between  South  Carolina  and 
other  states,  under  the  name  of  "  The  United  States  of  Ame- 
rica"' is  hereby  dissolved. 

D.  F.  JAMISON,  Del.  from  Barnwell  and  P res' t  Convention. 

Thos.  Chiles  Perrin,  Benjamin  Franklin  Mauldin, 

Edw.  Noble,  Lewis  Malone  Ayer,  jr., 

J.  H.  Wilson,  W.  Peronneau  Finley, 

Thos.  Thomson,  J.  J.  Brabham, 

David  Lewis  Wardiaw,  Benj.  W.  Lawton, 

John  Alfred  Calhoun,  Jno.  McKee, 

John  Izard  Middleton,  Thomas  W.  Moore, 

Benjamin  E.  Sessions,  Richard  Woods, 

J.  N.  Whitner,  A.  Q.  Dunovant, 

James  L.  Orr,  John  A.  Inglis, 

J.  P,  Reed,  Henry  Mclver, 

R.  F.  Simpson,  Stephen  Jackson, 

W.  Pinckney  Shingler,  H.I.  Caughman, 

Peter  P.  Bonneau,  John  C.  Geiger, 

John  P.  Richardson,  Paul  Quattlebaum, 

John  L.  Manning,  W.  B>  Rowell, 


APPENDIX. 


493 


John  J.  Ingram, 
Edgar  W.  Charles, 
Julius  A.  Dargan, 
Isaac  D.  Wilson, 
John  M.  Timmons, 
Francis  Hugh  Wardlaw, 
K.  G.  M.  Dunovant, 
James  Parsons  Carroll, 
Wm.  Gregg, 
Andrew  J,   Hammond, 
James  Tompkins,  . 
James  C.  Smyly, 
John  Hugh  JNIeans, 
AYiHiam  Strother  Lyles, 
Henry  Campbell  Davis, 
Jno.  Buchanan, 
James  C.  Furman, 
P.  E.  Duncan, 
W.  K.  Easley, 
James  Harrison, 
^Y.  H.  Campbell, 
T.  J.  Withers, 
James  Chesnut,  jr., 
Joseph  Brevard  Kershaw, 
Thos.  W.  Beaty, 
^Vm.  J.  Ellis, 
K.  L.  Crawford, 
W.  C.  Cauthen, 

D.  P.  Robinson, 
H.  C.  Young, 

H.  W.  Sarlington, 
John  D.  Williams, 
W.  D.  Watts, 
Thos.  VYcir, 
Jos. .  Dan'l  Pope, 
C.  P.  Brown, 
John  M.  Shingler, 
Daniel  DuPre, 
A.  JMazyck, 
AYilliam  Cain, 
P.  G.  Snowden, 
Geo.  W.  Seabrook, 
John  Jenkins, 
R.  J.  Davant, 

E.  M.  Seabrook, 
John  J.  Wannamaker, 
Elias  B.  Scott, 
Joseph  E.  Jenkins, 


Chpsley  D.  Evans, 
Wm.  W.  Harlee, 

A.  W.  Bethea, 
E.  \Y.  Goodwin, 
\YilUam  D.  Johnson, 
Alex.  McLeod, 
John  P.  Kinard, 
Robert  ]\Joorman, 
Joseph  Caldwell, 
Simeon  Fair, 
Thomas  Worth  Glover, 
Lawrence  M.  Keitt, 
Donald  Rowe  Barton, 
Wm.  Hunter, 
Andrew  F.  Lewis, 
Robert  A.  Thompson, 
^Yilliam  S.  Grisham, 
John  Maxwell, 

Jno.  E.  Frampton, 
AY.  Ferguson  Hutson, 
W.  F.  DeSaussure, 
William  Hopkins, 
James  H.  Adams, 
JMaxcp  Gregg, 
John  H.  Kinsler, 
Ephraim  M.  Clarke, 
Alex.  H.  Brown, 
E.  S.  P.  Bellinger, 
Meyrick  E.  Carn, 
E.  R.  Henderson, 
Peter  Stokes, 
Daniel  Flud, 
David  G.  Aj)p]eby, 
R.  W-  Barnwell, 

B.  H.  Rutledge,  ' 
Edwai-d  McCrady, 
Francis  J.  Porcher, 
T.  L.  Gourdin, 
John  S.  Palmer, 
John  N.  Nowell, 
John  S.  O'Hear, 
John  G.  Landrum, 
B.  B.  Foster, 
Benjamin  F.  Kilgorc, 
Jas.  H.  Carlisle, 
Simpson  Bobo, 
Wm.  Curtis, 

H.  D.  Green, 


494 


APPENDIX. 


Lano:clon  Cheves, 
George  Rhodes, 
A.  G.  Magrath, 
Wm.  Porcher  Miles, 
John  Townsend, 
Robert  N.  Gourdin, 
H.  W.  Conner, 
Theodore  D.  Wagner, 
R.  Barnwell  Roett, 
C.  G.  Memrainger, 
Gabriel  Manigault, 
John  Julius  Pringle  Smith, 
Isaac  W.  Hayne, 
Jno.  H.  Honour, 
Rich'd  De  Treville, 
Thos.  M.  Hanckel, 
A.  W.  Burnett, 
Thos.  Y.  Simons, 
L.  W.  Spratt, 
Williams  Middleton, 

F.  D. 


Matthew  P.  Moyes, 
Thomas  Reese  English,  sr. 
Albertus  Chambers  Spain, 
J.  M.  Gadberry, 
J.  S.  Sims, 
Wm.  H.  Gist, 
James  Jefferies, 
Anthony  W.  Dozier, 
John  G.  Pressley, 
R.  C.  Logan, 
Francis  S.  Parker, 
Benj-  Faneuil  Dunkin, 
Samuel  Taylor  Atkinson, 
Alex.  M.  Forster, 
Wm.  Blackburn  Wilson, 
Robert  T.  Allison, 
Samuel  Rainey, 
A.  Baxter  Springs, 
A.  I.  Barron, 
A.  T.  Darby, 
Richardson. 


Attest:  BENJ.  F.  ARTHUR, 

Chrk  oj  tli&  Convention. 


APPENDIX.  495 


THE  ADDRESS  OF  THE  PEOPLE  OF  SOUTH  CARO- 
LINA, ASSEMBLED  L\  COiWENTIOiN,  TO  THE  PEO- 
PLE OF  THE  SL  .VEHOLDING  STATES  OF  THE 
UxMTED   STATES. 


It  is  seventj'-three  j'eavs  since  the  Union  between  the  L'nited 
States  was  maile  by  the  Constitution  of  the  United  States. 
Durino;  this  time,  their  advance  in  wealth,  prosperity  and  power, 
has  been  with  scarcely  a  parallel  in  the  history  of  the  world. 
The  great  object  of  their  Union,  was  defence  against  external 
aggressions;  which  object  is  now  attained,  from  their  mere  pro- 
gress in  power.  Thirty-one  millions  of  people,  with  a  com- 
merce and  navigation  which  explore  every  sea,  and  with  agri- 
cultural productions  which  are  necessary  to  everj^  civilized 
people,  command  the  friendship  of  the  world.  But  unfortu- 
nately, our  internal  peace  has  not  grown  with  our  external 
prosperity.  Discontent  and  contention  have  moved  in  the 
bosom  of  the  Confederacy,  for  the  last  thirty-five  years.  During 
this  time.  South  Carolina  has  twice  called  her  people  together 
in  solemn  convention,  to  take  into  consideration  the  aggres- 
sions and  unconstitutional  wrongs,  perpetrated  by  the  people  of 
the  North  on  the  people  of  the  South.  These  wrongs  were 
submitted  to  by  the  people  of  the  South,  under  the  hope  and 
expectation  that  they  would  be  final.  But  such  hope  and  ex- 
pectation, have  proved  to  be  vain.  Instead  of  producing  for- 
bearance, our  acquiescence  has  only  instigated  to  new  forms  of 
aggressions  and  outrage;  and  South  Carolina  having  again 
assembled  her  people  in  co?ivention,  has  this  day  dissolved  her 
connexion  with  the  states,  constituting  the  United  States. 

The  one  great  evil,  from  which  all  other  evils  have  flowed, 
is  the  overthrow  of  the  Constitution  of  the  United  States.  The 
government  of  the  United  States  is  no  longer  the  government 
of  Confederated  Republics,  but  of  a  consolidated  democracy. 
It  is  no  longer  a  free  government,  but  a  despotism.  It  '^,  in 
fact,  such  a  government  as  Great  Britain  attemptrd  to  set  ov(  r 
our  fathers;  and  which  was  resisted  and  defeated  by  a  seven 
years'  struggle  for  independence. 


496  APPENDIX. 


The  revolution  of  1776,  turned  upon  one  great  principle, 
self-governm(;nt — and  self-taxation,  the  criterion  of  r>elf-gov- 
ernment.  Where  the  interests  of  two  people  united  together 
under  one  government,  are  different,  each  must  have  the  power 
to  protect  its  interest  b}"-  the  organization  of  the  government, 
or  they  cannot  be  free.  The  interests  of  Great  Britain  and  of 
the  Colonies,  were  different  and  antagonistic.  Great  Britain 
was  desirous  of  carrying  out  the  policy  of  all  nations  towards 
their  colonies,  of  making  them  tributary  to  ber  wealth  and 
power.  She  had  vast  and  complicated  relations  with  the  whole 
Avorld.  Her  policy  towards  her  North  American  Colonies,  was 
to  identify  them  with  her  in  all  these  complicated  relations;  and 
to  make  them  bear,  in  common  with  the  rest  of  the  empire,  the 
full  burden  of  her  obligations  and  necessities.  She  had  a  vast 
public  debt;  she  had  an  European  policy  and  an  Asiatic  policy, 
which  had  occasioned  the  accumulation  of  her  public  debt;  and 
which  kept  her  in  continual  wars.  The  North  American  Colo- 
nies saw  their  interests,  political  and  commercial,  sacrificed  by 
such  a  policy.  Their  interests  required  that  they  should  not  be 
identified  with  the  burdens  and  wars  of  the  mother  country. 
They  had  been  settled  under  charters,  w^hich  gave  them  self- 
government;  at  least  so  far  as  their  properly  was  concerned. 
They  had  ta'xed  themselves,  and  had  never  been  taxed  by  the 
government  of  Great  Britain.  To  make  them  a  part  of  a  con- 
solidated empire,  the  Parliament  of  Great  Britain  determined 
to  assume  the  power  of  legislating  for  the  colonies  in  all  cases 
Y/hatsoever.  Our  ancestors  resisted  the  pretension.  They  re- 
fused to  be  a  part  of  the  consolidated  government  of  Great 
Britain. 

The  southern  states  now  stand  exactly  in  the  same  position 
towards  the  northern  states,  that  the  colonies  did  towards  Great 
Britain.  The  northern  states,  having  the  majority  in  Congress, 
claim  the  same  power  of  omnipotence  in  legislation  as  the 
British  parliament.  "  The  General  Welfare,"  is  the  only  limit 
to  the  legislation  of  either;  and  the  majority  in  Congress,  as  in 
the  British  parliament,  are  the  sole  judges  of  the  expediency  of 
the  legislation,  this  "General  W'elfare  "  requires.  Thus,  the 
government  of  the  United  States  has  become  a  consolidated 
government;  and  the  people  of  the  southern  states  arc  com- 
pelled to  meet  the  very  despotism  their  fathers  threw  off  in  the 
revolution  of  1776. 

The  consolidation  of  the  government  of  Great  Britain  over 
the  colonies,  was  attempted  to  be  carried  out  by  the  taxes.  The 
British  parliament  undertook  to  tax  the  colonies  to  promote 
British  interests.  Our  fathers  resisted  this  pretension.  They 
claimed  the  right  of  self-taxation  through  their  colonial  legisla- 
tures. They  were  not  represented  in  the  British  parliament, 
and,  therefore,  could  not  rightly  be  taxed  by  its  legislation. — 


APPENDIX.  497 


The  British  government,  however,  offered  them  a  representa- 
tion in  parliament;  but  it  was  not  sufiicient  to  enable  them  to 
protect  themselves  from  the  majority,  and  they  refused  the  offer! 
Between  taxation  without  any  representation,  and  taxation 
without  a  representation  adequate  to  protection,  there  was  no 
difference.  In  neither  case  would  the  colonies  tax  themselves. 
Hence,  they  refused  to  pay  the  taxes  laid  by  the  British  par- 
liament. 

And  so  with  the  southern  states,  towards  the  northern  states, 
in  the  vital  matter  of  taxation.  They  are  in  a  minority  in 
Cong-ress.  Their  representation  in  Congress,  is  useless  to  pro- 
tect them  against  unjust  taxation;  and  the}''  are  taxed  by  the 
people  of  the  North  for  their  benefit,  exactly  as  the  people  of 
Great  Britain  taxed  our  ancestors  in  the  British  parliament  for 
their  benefit.  For  the  last  forty  years,  the  taxes  laid  by  the 
Congress  of  the  United  States,  have  been  laid  with  a  view  of 
subserving  the  interests  of  the  North.  J^he  people  of  the  South 
have  been  taxed  by  duties  on  imports,  nor  for  revenue,  but  for 
an  object  inconsistent  with  revenue — to  promote,  by  prohibi- 
tions, northern  interests  in  the  productions  of  their  mines  and 
manufactures. 

There  is  another  evil,  in  the  condition  of  the  southern  towards 
the  northern  states,  which  our  ancestors  refused  to  bear  towards 
Great  Britain.  Our  ancestors  not  only  taxed  themselves,  but 
all  the  taxes  collected  among  them,  were  expended  amongst 
them.  Had  they  submitted  to  the  pre  ensions  of  the  British 
government,  the  taxes  collected  from  them,  would  have  been 
expended  in  other  parts  of  the  British  empire.  They  were 
fuly  aware  of  the  effect  of  such  a  policy  in  impoverishing  the 
people  from  whom  taxes  are  collected,  and  in  enriching  those 
who  receive  the  benefit  of  their  expenditure.  To  prevent  the 
evils  of  such  a  policy,  was  one  of  the  motives  which  drove 
them  on  to  revolution.  Yet  this  British  policy  has  been  ful[y 
realized  towards  the  southern  states,  by  the  northern  states. 
The  people  of  fhe  southern  states  are  not  only  taxed  for  the 
benefit  of  the  northern  states,  but,  after  the  taxes  are  collected, 
three-fourths  of  them  are  expended  at  the  North.  This  cause, 
with  others,  connected  with  the  operation  of  the  general  go- 
vernment, has  made  the  cities  of  the  South  provincial.  Their 
growth  is  paralyzed;  they  are  mere  suburbs  of  northern  citi<'s. 
The  agricultural  productions  of  the  South  are  the  basis  of  the 
foreign  commerce  of  the  United  States;  yet  southern  cities  do 
not  carry  it  on.  Our  foreign  trade  is  almost  annihilated.  In 
1740,  there  were  five  ship  yards  in  South  Carolina,  to  build  ships 
to  carry  on  our  direct  trade  with  Europe.  Between  1740  and 
1770,  there  were  built  in  these  yards,  twenty  five  square  rigged 
vessels,  besides  a  great  number  of  sloops  and  schooners,  to 
carry  on  our  coast  and  West  India  trade.     In  the  half  century 

32 


498  APPENDIX. 


immediately  preceding  the  revolution,  from  1725  to  1775,  the 
population  of  South  Carolina  increased  seven- fold. 

No  man  can  for  a  moment  believe,  taat  our  ancestors  inten- 
ded to  establish  over  their  posterity,  exactly  the  same  sort  of 
government  they  had  overthrown.  The  great  object  of  the 
constitution  of  the  United  States,  in  its  internal  operation,  was^ 
dou  tless,  to  secure  the  great  end  of  the  revolution — a  limited 
free  government — a  government  limited  to  those  matters  only, 
which  were  general  and  common  to  all  portions  of  the  United 
States.  All  sectional  or  local  interests,  were  to  be  left  to  the 
states.  By  no  other  arrangement  would  they  obtain  free  gov- 
ernment, by  a  constitution  common  to  so  vast  a  confederacy. 
Yet  by  a  gradual  and  steady  encroachments  on  the  part  of  the 
people  of  the  North,  and  acquiescence  on  the  part  of  the  South, 
the  limitations  in  the  constitution  have  been  swept  away;  and 
the  government  of  the  United  States  has  become  consolidated, 
with  a  claim  of  limitless  powers  in  its  operations. 

It  is  not  at  all  surprising,  such  being  the  character  of  the 
government  of  the  United  States,  that  it  should  assume  to  pos- 
sess power  over  all  the  institutions  of  the  country.  The  agi- 
tations on  the  subject  of  slavery  are  the  natural  results  of  the 
consolidation  of  the  government.  Responsibility,  follows  pow- 
er; and  if  the  people  of  the  North  have  the  power  by  Congress 
"  to  promote  the  general  welfare  of  the  United  States,"  by  any 
means  they  deem  expedient — why  should  they  not  assail  and 
overthrow  the  institution  cf  slavery  in  the  South?  They  are 
responsible  for  its  continuance  or  existence,  in  proportion  to 
their  power.  A  majority  in  Congress,  according  to  their  inte- 
rested and  perverted  views,  is  omnipotent.  The  inducements  to 
act  upon  the  subject  of  slavery,  under  such  circumstances,  were 
so  imperious  as  to  amount  almost  to  a  moral  necessity.  To 
make,  how-ever,  their  numerical  power  available  to  rule  the 
Union,  the  North  must  consolidate  their  power.  It  would  not 
Idc  united  on  any  matter  common  to  the  whole  Union — in  other 
words,  on  any  constitutional  subject — for  on  such  subjects  divi- 
sions are  as  likely  to  exist  in  the  North  as  in  the  South.  Sla- 
very was  strictly  a  sectional  interest.  If  this  could  be  made 
the  criterion  of  parties  at  the  North,  the  North  could  be  united 
in  its  power;  and  thus  cari'y  out  its  measures  of  sectional  ambi- 
tion, encroachment,  and  aggrandizement.  To  build  up  their 
sectional  predominance  in  the  Union,  the  constitution  must  be 
first  abolished  by  constructions;  but,  that  being  done,  the  con- 
solidation of  the  North  to  rule  the  South  by  the  tariff  and  sla- 
very issues,  was  in  the  obvious  course  of  things. 

The  constitution  of  the  United  States,  was  -an  experiment. 
The  experiment  consisted  in  uniting,  under  one  government, 
peoples  living  in  different  climates,  and  having  different  pur- 
suits and  institutions.     It  matters  not  how  carefully  the  limita- 


APPENDIX.  499 


tions  of  such  a  government  be  laid  down  in  the  constitution — 
its  success  must  at  least  depend  upon  the  pood  faith  of  the 
parties  to  the  constitutional  compact,  in  enforcing  them.  It  is 
not  in  the  power  of  human  language,  to  exclude  false  infer- 
ences, constructions  and  perversions,  in  any  constitution;  and 
when  vast  sectional  interests  are  to  be  subserved,  involving  the 
appropriation  of  countless  millions  of  money,  it  has  not  been 
the  usual  experience  of  mankind,  that  words  on  parchments 
can  arrest  power.  The  constitution  of  the  United  States,  irre- 
spective of  the  interposition  of  the  states,  rested  on  the  assump- 
tion that  power  would  yield  to  faith — that  integrity  would  be 
stronger  than  interest;  and  that  thus,  the  limitations  of  the 
constitution  would  be  observed.  The  experiment  has  been 
fairly  made.  The  southern  states,  from  the  commencement  of 
the  government,  have  striven  to  keep  it  within  the  orbit  pre- 
scribisd  by  the  constitution.  The  experiment  has  failed.  The 
whole  constitution,  by  the  constructions  of  the  northern  people, 
has  been  absorbed  by  its  preamble.  In  their  reckless  lust  for 
power,  they  seem  unable  to  comprehend  that  seeming  para- 
dox— that  the  more  power  is  given  to  the  general  government, 
the  weaker  it  becomes.  Its  strength  consists  in  the  limitation 
of  its  agency  to  objects  of  common  interest  to  all  sections.  To 
extend  the  scope  of  its  power  over  sectional  or  local  interests, 
is  to  raise  up  against  it  opposition  and  resistance.  In  all  such 
matters,  the  general  government  must  necessarily  be  a  despotism, 
because  all  sectional  or  local  interests  must  ever  be  represented 
by  a  minority  in  the  councils  of  the  general  government — hav- 
ing no  power  to  protect  itself  against  the  rule  of  the  majority. 
The  majority,  constituted  from  those  who  do  not  represent 
these  sectional  or  local  interests,  will  control  and  govern  them. 
A  free  people  cannot  submit  to  such  a  government.  And  the 
more  it  enlarges  the  sphere  of  its  power,  the  greater  must  be 
the  dissatisfaction  it  must  produce,  and  the  weaker  it  must 
become.  On  the  contrary,  the  more  it  abstains  from  usurped 
powers,  and  the  more  faithfully  it  adheres  to  the  limitations  of 
the  constitution,  the  stronger  it  is  made.  The  northern  people 
hive  had  neither  the  wisdom  nor  the  faith  to  perceive  that  to 
observe  the  limitations  of  the  constitution  was  the  only  way  to 
its  perpetuit3^ 

Under  such  a  government,  there  must,  of  course,  be  many 
and  endless  "  irrepressible  conflicts"  between  the  two  great  sec- 
tions of  the  Union.  The  same  faithlessness  which  has  abolished 
the  constitution  of  the  United  States,  will  not  fail  to  carr}'  out 
the  sectional  purposes  for  which  it  has  been  abolished.  There 
must  be  conflict;  and  the  weaker  section  of  the  Union  can 
only  find  peace  and  liberty,  in  an  independence  of  the  North. 
The  repeated  efforts  made  by  South  Carolina  in  a  whe  conser- 
vatism, to  arrest  the  progress  of  the  general  government  in  its 


500  APPENDIX. 


fatal  progress  to  consolidation,  have  beec  unsupported,  and  she 
has  been  denounced  as  faithless  to  the  obligations  of  the  con- 
stitution, by  the  very  men  and  states  who  were  destroying  it 
by  their  usurpations.  It  is  now  too  late  to  reform  or  restore 
the  government  of  the  United  States.  All  confidence  in  the 
North  is  lost  by  the  South.  The  faithlessness  of  the  North  for 
a  half  century,  has  opened  a  gulf  of  separation  between  the 
North  and  the  South,  which  no  promises  nor  engagements  can 
fill. 

It  cannot  be  believed  that  our  ancestors  would  have  assented 
to  any  Union  whatever  with  the  people  of  the  North,  ^if  the 
feelings  and  opinions  now  existing  amongst  them,  had  existed 
when  the  constitution  was  framed.  There  was  then  no  tariff — ■ 
no  fanaticism  concerning  negroes.  It  was  the  delegates  from 
New  England,  who  proposed,  in  the  convention  which  framed 
the  constitution,  to  the  delegates  from  South  Carolina  and 
Georgia,  that  if  they  would  agree  to  give  Congress  the  power 
of  regulating  commerce  hy  a  ma/jorily,  that  they  would  support 
the  extension  of  the  African  slave  trade  for  twenty  years. 
African  slavery  existed  in  all  the  states  but  one.  The  idea  that 
the  southern  states  would  be  made  to  pay  that  tribute  to  their 
northern  confederates,  which  they  had  refused  to  pay  to  Great 
Britain,  or  that  the  institution  of  African  slavery  would  be  made 
the  grand  basis  of  a  sectional  organization  of  the  North  to 
rule  the  South,  never  crossed  the  imaginations  of  our  ancestors. 
The  union  of  the  constitution  was  a  union  of  slaveholding 
states.  It  rests  on  slavery  by  prescribing  a  representation  in 
Congress  for  three- fifths  of  our  slaves*  There  is  nothing  in  the 
proceedings  of  the  convention  which  framed  the  constitution 
to  show  that  the  southern  states  would  have  formed  any  other 
Union;  and  still  less,  that  they  would  have  formed  a  Union  with 
more  powerful  non-slaveholding  states,  having  majority  in  both 
branches  of  the  legislature  of  the  government.  They  were 
guilty  of  no  such  folly.  Time  and  the  progress  of  things  have 
totally  altered  the  relations  between  the  i-iorthern  and  southern 
states,  since  the  Union  was  established.  That  identity  of  feel- 
ings, iivterests  and  institutions,  which  once  existed,  is  gone. 
They  are  now  divided  between  agricultural  and  manufacturing 
and  commercial  states,  between  slaveholding  and  non-slave- 
holding  states.  Their  institutions  and  industrial  pursuits  have 
made  them  totally  different  peoples.  That  equality  in  the  gov- 
ernment between  the  two  sections  of  the  Union  which  once 
existed,  no  longer  exists.  We  but  imitate  the  policy  of  our 
fathers  in  dissolving  a  union  with  non-slaveholding  confede- 
rates, and  seeking  a  confederation  with  slaveholding  states. 

Experience  has  proved  that  slaveholding  states  cannot  be 
safe  in  subjection  to  non-slavehoMing  states.  Indeed,  no  peo- 
ple can  ever  expect  to  preserve  its  rights  and  liberties,  unless 


APPENDIX.  501 

these  be  in  its  own  custody.  To  plunder  and  oppress,  where 
plunder  and  oppression  can  be  practiced  with  impunity,  seems 
to  be  the  natural  order  of  things.  The  fairest  portions  of  the 
world  elsewhere,  have  been  turned  into  wildernesses;  and  the 
mot^t  civilized  and  prosperous  communities  have  been  impov- 
erished and  ruined  by  anti-slaverj'  fanaticism.  The  people  of 
the  North  have  not  left  us  in  doubt  as  to  their  designs  and 
policy.  United  as  a  section  in  the  late  presidential  election, 
they  have  elected  as  the  exponent  of  their  policy,  one  who  has 
openly  declared  that  all  the  states  of  the  United  States,  must 
be  made  free  states  or  slave  slates.  It  is  true,  that  amongst 
those  who  aided  in  his  election,  there  are  various  shades  of 
anti-slavery  hostility.  But  if  African  slavery  in  the  southern 
states  be  tiie  evil  their  political  combination  afllrms  it  to  be, 
the  requisitions  of  an  inexorable  logic  must  lead  them  to  eman- 
cipation. If  it  is  right  to  preclude  or  abolish  slavery  in  a  terri- 
tory, why  should  it  be  allowed  to  remain  in  the  slates?  The  one 
is  not  at  all  more  unconstitutional  than  the  other,  according  to 
the  decisions  of  the  supreme  court  oj  the  United  States.  And 
when  it  is  considered  that  the  northern  stales  will  soon  have 
the  power  to  make  that  court  what  they  please,  and  that  the 
constitution  never  has  been  any  barrier  whatever  to  their  exer- 
cise of  power,  what  check  can  there  be  in  the  unrestrained 
counsels  of  the  North  to  emancipation?  There  is  sympathy  in 
association  which  carries  men  along  without  principle;  but 
when  there  is  principle,  and  that  principle  is  fortified  by  long 
existing  prejudices  and  feelings,  association  is  omnipotent  in 
party  influences.  In  spite  of  all  disclaimers  and  professions, 
there  can  be  but  one  end  by  the  submission  of  the  South  to  the 
rule  of  a  sectional,  anti-slavery  government  at  Washington; 
and  that  end,  directly  or  indirectly,  must  be  the  emancipation 
of  the  slaves  of  the  South.  The  hypocrisy  of  thirty  years,  the 
faithlessness  of  their  whole  course  from  the  commencement  of 
our  union  wiih  them,  show  that  the  people  of  the  non-slave- 
holding  North,  are  not,  and  cannot  be  safe  associates  of  the 
tlaveholding  South,  under  a  common  government.  Not  only 
their  fanaticism,  but  their  erroneous  views  of  the  principles  of 
free  governments,render  it  doubtful  whether,  if  separated  from 
the  South,  they  can  maintain  a  free  government  amongst  them- 
selves. Numbers  with  thein  is  the  great  element  of  iven  gov- 
ernment. A  majority  is  infallible  and  omnipotent.  "  The  righ't 
divine  to  rule  in  kings,"  is  only  transferred  to  their  majority. 
The  very  object  of  all  constitutions,  in  free  popular  govern- 
ment, is  to  restrain  the  majority.  Constitutions,  therefore, 
according  to  their  theory,  must  be  most  unrighteous  inventions, 
restricting  liberty.  None  ought  to  exist;  but  the  body  politic 
ought  simply  to  have  a  political  organization,  to  bring  out  and 
enforce  the  \\'\\\  of  the  majority.     This  theory  may  be  harmless 


502  APPENDIX. 


in  a  small  community,  having  identity  of  interests  and  pursuits; 
but  over  a  vast  state — still  more  over  a  vast  confederacy,  hav- 
ing various  and  conflicting  interests  and  pursuits,  it  is  a  remorse- 
less despotism.  In  resisting  it,  as  applicable  to  ourselves,  we 
are  vindicating  the  great  cause  of  free  government,  more 
important  perhaps  to  the  world,  than  the  existence  of  all  the 
United  States.  Nor  in  resisting  it,  do  we  intend  to  depart  irom 
the  safe  instrumentality,  the  system  of  government  we  have 
established  with  them  requires.  In  separating  from  them,  we 
invade  no  rights,  no  interest  of  theirs;  we  violate  no  obligation 
or  duty  to  them.  As  separate,  independent  states  in  conven- 
tion, we  made  the  constitution  of  the  United  States  with  them; 
and  as  separate  independent  states,  each  state  acting  for  itself, 
we  adopted  it.  South  Carolina,  acting  in  her  sovereign  capa- 
city, now  thinks  proper  to  secede  from  the  Union.  She  did  not 
part  M'ith  her  sovereignty  in  adopting  the  constitution.  The 
last  thing  a  state  can  be  presumed  to  have  surrended  is  her 
sovereignty — her  sovereignty  is  her  life.  Nothing  but  a  clear 
express  grant  can  alienate  it — inference  is  inadmissible — yet 
it  is  not  at  all  surprising  that  those  who  have  construed  away 
all  the  limitations  of  the  constitution,  should  also  by  construc- 
tion, claim  the  annihilation  of  the  sovereignty  of  the  states — 
having  abolished  all  barriers  to  their  omnipotence  by  their 
faithless  constructions  in  the  operations  of  the  general  govern- 
ment, it  is  most  natural  that  they  should  endeavor  to  do  the 
same  towards  us  in  the  r tates.  The  truth  is.  they  having  viola- 
ted the  express  provisions  of  the  constitution,  it  is  at  an  end  as 
a  compact.  It  is  morally  obligatory  only  on  those  who  choose 
to  accept  its  perverted  terms.  South  Carolina  deeming  the 
compact  not  only  vi'  lated  in  particular  features,  but  virtually 
abolished  by  her  northern  confederates,  withdraws  herself  as  a 
party  from  its  obligations.  The  right  to  do  so  is  denied  by  her 
northern  confederates.  They  desire  to  establish  a  sectional 
despotism,  not  only  omnipotent  in  Congress,  but  omnipotent 
over  the  states-;  and  as  if  to  manifest  the  imperious  necessity 
of  our  secession,  they  threaten  with  the  sword  to  coerce  sub- 
mission to  their  rule. 

Citizens  of  the  slaveholding  states  of  the  United  States! 
Circumptances  beyond  our  control,  have  placed  us  in  the  van 
of  the  great  controversy  between  the  northern  and  southern 
states.  We  would  have  preferred  that  other  states  should  have 
assumed  the  position  we  now  occupy.  Independent  ourselves, 
Vv'e  disclaim  any  design  or  desire,  to  lead  the  councils  of  the 
other  southern  states.  Providence  has  cast  our  lot  together,  by 
extending  over  us  an  identity  of  pursuits,  interests  and  institu- 
tions. South  Carolina  desires  no  destiny  separated  from  yours. 
To  be  one  of  a  great  slaveholding  confederacy,  stretching  its 
arms  over  a  territory  larger  thnn   any  power  in  Europe  pes- 


APPENDIX.  503 


sesses — with  a  population  four  times  greater  than  that  of  the 
whole  United  States  when  they  achieved  their  independence 
of  the  British  Empire — with  productions,  which  make  our  exis- 
tence more  important  to  the  world  than  that  of  any  other  peo- 
ple inhabiting  it — with  common  institutions  to  defend,  and 
common  dangers  to  encounter — wc  ask  your  sympatliy  and 
confederation.  Whilst  constituting  a  portion  of  the  United 
States,  it  has  been  your  statesmanship  which  has  guided  it,  in 
its  mighty  strides  to  power  and  expansion.  In  the  field,  as  in 
the  cabinet,  yau  have  led  the  way  to  its  renown  and  grandeur. 
You  have  loved  the  Union,  in  whose  service  your  great  states- 
men have  labored,  and  your  great  soldiers  have  fought  and 
conquered — not  for  the  material  benefits  it  conferred,  but  with 
the  faith  of  a  generous  and  devoted  chivalry.  You  have  long 
lingered  in  hope  over  the  shattered  remains  of  a  broken  con- 
stitution. Compromise  after  compromise,  formed  by  your  con- 
cessions, has  been  trampled  under  foot  by  j'our  northern  con- 
federates. All  fraternity  of  feeling  between  the  North  and  the 
South  is  lost,  or  has  been  converted  into  hate;  and  we  of  the 
South  are  at  last  driven  together  by  the  stern  destiny  which 
controls  the  existence  of  nations.  Your  bitter  experience  of 
the  faithlessness  and  rapacity  of  your  northern  confederates, 
may  have  been  necessary  to  evolve  those  great  principles  of 
free  government,  upon  which  the  liberties  of  the  world  depend, 
and  to  prepare  you  for  the  grand  mission  of  vindicating  and 
re-establishing  them.  We  rejoice  that  other  nations  shoukl  be 
satisfied  with  their  institutions.  Contentment  is  a  great  ele- 
ment of  happiness,  with  nations  as  individuals.  We  arc  satis- 
fied with  ours;  if  they  prefer  a  system  of  industry,  in  which 
capital  and  labor  are  in  perpetual  conflict — and  chronic  starva- 
tion keeps  down  the  natural  increase  of  population — and  a 
man  is  worked  out  in  eight  yeai^ — and  the  law  ordains  that 
chiklren  shall  be  worked  only  ten  hours  a  day — and  the  sabre 
and  bayonet  are  the  instruments  of  order — be  it  so.  It  is  their 
affair,  not  ours.  We  prefer,  however,  our  system  of  industry, 
by  which  labor  and  capital  are  identified  in  interest,  and  capi- 
tal, therefore,  protects  labor — by  which  our  population  doubles 
every  twenty  years— b}'  wdiich  starvation  is  unknown  and 
abundance  crowns  the  land — b}-  which  order  is  preserved  by  an 
unpaid  police,  and  many  fertile  regions  of  the  world,  where 
the  white  man  cannot  labor,  are  brought  into  usefulness  by  the 
labor  of  the  African,  and  the  whole  world  is  blessed  by  our 
productions.  All  we  demand  of  other  people  is,  to  be  let 
alone,  to  w^ork  out  our  own  high  destinies.  United  together, 
and  we  must  be  the  most  independent,  as  we  are  among  the 
most  important  of  the  nations  of  the  world.  United  together, 
and  we  require  no  other  instrument  to  conquer  peace  than  our 
benificent  productions.     United  together,  and   we  must  be  a 


504  APPENDIX. 


great,  free  and  prosperous  people,  whose  renown  must  spread 
throughout  the  civilized  wo^ld,  and  pass  down,  we  trust,  to  the 
remotest  ages.  We  ask  3'ou  to  join  us  in  forming  a  confederacy 
of  slaveholding  states. 


REPORT  AND  RESOLUTIONS 

Frnm  the   Committee  on  Relations  with  the  Slaveholding  States, 
providing  for   Commissioners  to  such  States.. 


The  committee  on  "  relations  with  the  slaveholding  states  of 
North  America,"  beg  leave  to  report  that  they  have  carefully 
considered  the  three  several  propositions  contained  in  the  reso- 
lutions referred  to  them,  which  were  submitted  in  convention 
by  three  several  members  from  St.  Phillip's  and  St.  Michael's. 
All  the  resolutions  referred  to  the  committee  look  to  the  pur- 
pose of  confederate  relations  with  our  sister  states  of  the  South, 
having  common  interests  with  us,  and  every  cause,  as  we  trust, 
to  indulge  towards  us  common  sympathies  and  to  contract  cor- 
dial relations.  In  such  a  purpose  the  couimittee  entirely  and 
unanimously  concur,  and  they  recommend  that  every  proper 
measure  be  adopted  to  accomplish  such  an  end.  Upon  this 
subject  so  much  unanimity  prevails,  and  has  long  prevailed  in 
this  state,  that  an  argument  thereupon  would  be  wholly  super- 
fluous. All  seem  to  agree  that  the  first  step  proper  to  be  taken 
for  the  purpose  of  promoting  and  securing  the  confederation 
we  seek,  is  the  appointment  of  commissioners,  by  the  authority 
of  this  convention,  to  such  states  ol"  the  South  as  may  call  con- 
ventions to  consider  and  determine  their  future  political  rela- 
tions. 

The  committee  advise  that  such  steps  be  taken  by  this  con- 
vention, hoping  and  believing  that  our  sister  states  of  the  South 
will  correctly  interpret  our  action  in  taking  the  initiative  as 
arising,  by  no  means,  from  any  presumptuous  arrogance,  but 
from  the  advance  position  which  circumstances  have  given  to 
this  state  in  the  line  of  procedure  for  the  great  design  of  main- 


APPENDIX.  505 


taining  the  rights,  the  securit}'   and  the   very  existence  of  the 
slavehokling  South. 

It  has  been  a  subject  of  anxious  consideration  with  the  com- 
mittee, whether  the  commissioners,  whose  appointment  they 
recommend,  should  be  instructed  to  tender  any  basis  of  a  tem- 
porary or  provisional  government  to  the  states  to  which  they 
may  be  accredited. 

The  instrument  called  the  constitution  of  the  United  States 
of  America,  has  been  suggested  as  a  suitable  and  proper  basis 
to  be  oliered  for  a  provisional  government. 

The  suggestion  has  been  commended  to  the  committee  by 
various  considerations,  which  cannot  now  be  set  forth  in  full  or 
at  large.     Among  these  are: 

That  the  said  instrument  was  the  work  of  minds  of  the  first 
order,  in  strength  and  accomplishment. 

That  it  was  most  carefully  constructed  by  comprehensive 
views  and  careful  examinations  of  details. 

That  experience  hss  proved  it  to  be  a  good  form  ot  govern- 
ment for  those  sulliciently  virtuous,  intelligent  and  patriotic  to 
cause  it  to  be  fairly  and  honestly  construed  and  impaitially 
administered. 

That  the  settled  opinion  of  this  state  has  never  been  adverse 
to  that  plan  of  government  of  confederatee  states  on  account 
of  anything  in  its  structure;  l)ut  the  dissatisfaction  is  attributa- 
ble to  the  false  glosses,  and  dangerous  misinterpretation,  and 
perversion  of  sundry  of  its  provisions,  even  to  the  extent,  in 
one  particular,  of  so  covering  up  the  real  purposes  of  certain 
legislation,  (meant  to  protect  domestic  manufactures  in  one 
section),  as  to  estop  the  supreme  court  in  its  opinion,  from 
judicially  perceiving  the  real  design. 

That  it  presents  a  complete  scheme  of  confederation,  capable 
of  being  speedily  put  into  operation;  familiar  by  long  acquain- 
tance with  its  provisions,  and  their  true  import  to  the  people  of 
the  South,  many  of  whom  are  believed  to  cherish  a  degree  of 
veneration  for  it,  and  would  feel  safe  under  it,  when  in  their 
own  hands,  for  interpretation  and  administration,  especially  as 
the  portions  that  have  been,  by  perversion,  made  potent  for 
mischief  and  oppression  in  the  hands  of  adverse  ami  inimical 
interests,  have  received  a  settled  construction  by  the  South. 
That  a  speedy  confederation  by  the  South  is  desirable  in  the 
highest  d(;gree,  which,  it  is  supposed,  must  be  temporary  at  first, 
(if  accomplished  as  soon  as  it  should  be),  and  no  better  basis 
than  the  constitution  of  the  United  States  is  likely  to  be  sug- 
gested or  adopted  for  temporary  purposes. 

That  the  opiniwns  of  those  to  whom  it  is  designed  to  ofTer  it, 
would  be  conciliated  by  the  testimony  the  vrry  act  itself  would 
carry,  that  South  Carolin.a  meant  to  seek  no  selfish  advantage, 
nor  to  indulge  the  least  spirit  of  dictation. 


506  APPENDIX. 


That  such  form  of  government  is  more  or  less  known  to 
Em-ope,  and,  if  adopted;  would  indicate  abroad  that  the  seced- 
ing southern  states  had  the  foresight  and  energy  to  put  into 
operation  forthwith,  a  scheme  of  government  and  administra- 
tion competent  to  produce  a  prompt  organization  for  internal 
necessities,  and  a  sufHcient  protection  of  foreign  commerce 
directed  hither,  as  well  as  to  guarantee  foreign  powers  in  the 
confidence  that  anew  c  )nfederacy  had  immediatel}^  arisen, 
quite  adequate  to  supercede  all  the  evils,  internal  and  external, 
of  a  partial  or  total  interregnum. 

That  its  speedy  adoption  would  work  happily  as  a  revivify- 
ing agency  in  matters  financial  and  commercial,  between  the 
states  adopting  it,  and  between  them  as  a  united  power  and 
foreign  commercial  nations,  and  at  the  same  time  would  com- 
bine, without  delay,  a  power  touching  purse  and  sword,  that 
might  bring  to  a  prudent  issue  the  reflections  of  those  who  may 
perchance  be  contemplating  an  invasion,  or  to  an  issue  disa?- 
trous  to  them,  the  attempted  execution  of  such  unholy  design. 

Such  are  some  of  the  considerations,  very  rapidly  stated, 
which  address  themselves  to  this  subject.  It  is  contended  that 
some  limitation  of  the  power  to  levy  duties,  and  that  to  regu- 
late commerce,  (and  perhaps  other  provisions  of  the  said  con- 
stitution), may  be  desirable,  and  are  in  fact  so,  to  some  of  the 
committee,  yet  these  modifications  may  be  safely  left  to  a 
period  when  the  articles  of  a  permanent  government  may  be 
settled,  and  that,  meantime  the  constitution  referred  to  will 
Eerve  the  purpose  of  a  temporary  confederation,  which  the 
committee  unite  in  believing  ought  to  be  sought,  through  all 
proper  measures,  most  earnestly. 

It  is  also  submitted,  that  if  the  tender  of  the  said  constitution, 
even  as  a  provisional  government,  should,  in  the  opinion  of  the 
convention,  be  accompanied  by  a  condition  that  it  be  subject  to 
specific  limitations,  expositions  of  ambiguities,  or  modifications, 
the  committee  would  respectfully  refer  to  the  convention  itself 
such  matters;  and  this  is  done,  not  because  the  committee 
would  not  willingly  consider  and  report  upon  such  subject,  but 
because  they  deem  it- due  to  the  convention  and  the  public 
interest,  that  the^'-  should  now  lay  before  the  convention  the 
substantial  propositions  contained  in  the  following  resolutions, 
which  the  majority  of  the  committee  recommend  to  the  con- 
vention as  fit  to  be  adopted,  viz: 

Resolved,  First.  That  this  convention  do  appoint  a  commis- 
sioner to  proceed  to  each  of  the  slaveholding  states  that  may 
assemble  in  convention,  for  the  purpose  of  laying  our  ordinance 
of  secession  before  the  same,  and  respectfully  inviting  their 
cooperation  in  the  formation  with  us  of  a  southern  confederacy. 

Second.  That  our  commissioners  aforesaid,  be  further  author- 
ized to  submit,  on  our  part,  the  federal  constitution,  as  the  basis 


APPENDIX.  50' 


of  a  provisional  government  for  such  states  as  shall  have  with- 
drawn from  their  connection  with  the  government  of  the  Unit- 
ed States  of  America;  Provided,  That  the  said  provisional 
government,  and  the  tenures  of  all  officers  and  appointments 
arising  under  it,  shall  cease  and  determine  in  two  j'ears  from 
the  1st  day  of  July  next,  or  when  a  permanent  government 
shall  have  been  organized. 

Third.  That  the  said  commissioners  be  authorized  to  invite 
the  seceding  states  to  meet  in  convention,  at  such  time  and 
place  as  may  be  agreed  upon,  for  the  purpose  of  forming  and 
putting  in  motion  such  provisional  government,  and  so  that  the 
said  provisional  government  shall  be  organized  and  go  into 
eflect  at  the  earliest  period  jirevious  to  the  4th  day  of  March, 
ISGl,  and  that  the  same  convention  of  seceded  states  shall 
proceed  forthwith  to  consider  and  propose  a  constitution  and 
plan  for  a  permanent  government  for  such  states,  which  pro- 
posed plan  shall  be  referred  back  to  the  several  state  conven- 
tions for  their  adoption  or  rejection. 

Fourth.  That  eiglit  deputies  shall  be  elected  by  ballot  by  this 
convention,  who  shall  be  authorized  to  meet  in  convention  such 
deputies  as  may  be  appointed  by  the  other  slavcholding  states 
who  may  secede  from  the  Federal  Union,  lor  the  purpose  ot 
carrying  into  effect  the  foregoing  resolutions;  and  that  it  be 
recommended  to  the  said  states  that  each  state  be  entitled  to 
one  vote  in  the  said  convention,  upon  all  questions  which  may 
be  voted  upon  therein;  and  that  each  state  send  as  many  depu- 
ties as  are  equal  in  number  to  the  number  of  senators  and  rep- 
resentatives to  which  it  was  entitled  in  the  Congress  of  the 
United  States. 

D.  F.  JAMISON,   Prcsidenl. 
Atttest: 

B.  F.  Arthur,  Clerk. 


508  APPENDIX. 


CONVENTION  OF  GEORGIA. 

MiLLEDGEviLLE,  Januanj  29///,  1861. 

Resolved,  That  in  the  opinion  of  this  convention,  it  is  the 
right  and  the  duty  of  Georgia  to  secede  from  the  present  Union, 
and  to  co-operate  with  such  of  the  other  states  that  have,  or  shall 
do  the  same,  for  the  purpose  of  forming  a,  Southern  Confede- 
ration upon  the  basis  of  the  constitution  of  the  United  States. 

Resolved,  That  a  committee  of  seventeen  be  appointed  by 
the  chair  to  report  an  ordinance  to  assert  the  right  and  fulfil 
the  obligation  of  the  State  of  Georgia,  to  secede  from  the 
Union. 

A  true  extract  from  the  minutes. 
Attest:  A.  R.  LAMAR,  Secretari/. 


AN  ORDINANCE 

To  DISSOLVE  THE    UNION    BETWEEN  THE  StATE    OF    GeOEGIA  AND  OTHER 

states  united  with  her  under  a  compact  of  government  entitled 
"  The  Constitution  of  the  United  States  of  America." 

We,  the  people  of  the  State  of  Georgia,  in  convention  as- 
sembled, do  declare  and  ordain,  and  it  is  hereby  declared  and 
ordained,  that  the  ordinance  adopted  by  the  people  of  the  State 
of  Georgia  in  convention,  on  the  second  day  of  January,  in  the 
J  ear  of  our  Lord  seventeen  hundred  and  eighty-eight,  when 
the  constitution  of  tho  United  States  of  America  was  assented 
to,  ratified  and  adopted;  and  also,  all  acts  and  parts  of  acts  of 
the  General  Assembly  of  this  state,  ratifying  and  adopting 
amendments  of  the  said  constitution,  are  hereby  repealed,  re- 
scinded, and  abrogated. 

We  do  further  declare  and  ordain,  that  the  Union  now  sub- 
sisting between  the  State  of  Georgia  and  other  states,  under  the 
name  of  the  United  States  of  America,  is  hereby  dissolved,  and 
that  the  State  of  Georgia  is  in  the  full  possession  and  exercise 
of  all  those  rights  of  sovereignty  which  belong  and  appertain 
to  a  free  and  independent  state. 

Attest:  A.  R.  LAMAR,  Secretary. 


APPENDIX.  509 


CONVEi\TION  OF  GEORGIA. 

M1L1.EDGEVILLE,  January  23d,  ISGl. 

Resolved,  That  this  convention  appoint  a  cominij^sioner  from 
the  State  of  Georgia,  to  each  of  the  states  of  Delaware,  iMarj^- 
land,  Virginia,  Tennessee,  North  Carolina,  Kentnck)^  jMissouri 
and  Arkansas,  to  present  to  the  legi>!laturcs  or  conventions,  or 
in  the  event  neither  shall  be  in  session,  to  the  governors  of  those 
states,  the  ordinance  of  secession  of  Georgia,  and  to  invite  their 
co-operation  with  her,  and  other  seceding  states,  in  the  fornna- 
tion  of  a  Southern  Confederacy. 

A  true  extract  from  the  minutes. 

A.  R.  LAMAR,  Stcrttary. 


¥ 


'/^////  /// 


Date  Due 

;-'.ov  iu^ 

^■^v-  :^-": 

": 

' 

Form  335.     25M— 7-38— S 

